If you serve as a board member in a gated community in Utah, you are likely no stranger to written rules and policies. Such communities function (or, at least, should) as a well-oiled machine, both protecting the rights of the property owners and preserving quality aesthetics and a peaceful atmosphere throughout the neighborhood at the same time. Your Homeowners Association (HOA) no doubt has Covenants, Conditions & Restrictions (CC&Rs) in place. This set of rules contributes to the functionality of the entire community.
If a property owner violates the CC&Rs of your community, HOA members have several options to resolve the issue. Most HOAs issue notice of a violation and inform the community member that repercussions will occur if there is no resolve to the violation. Such repercussions often include substantial fines or a suspension of privileges, such as access to a gymnasium or other community amenities. In some cases, forced compliance may be necessary, or litigation.
HOA CC&Rs benefit gated communities
When private residents own properties in an HOA-governed community, CC&Rs help keep everyone on the same page regarding the rules and policies that govern the community. The following list shows five ways CC&Rs improve functionality in an HOA community:
- Safeguards property values
- Preserves aesthetics throughout the community
- Promotes harmony among residents
- Fosters collaboration with local authorities
- Helps make the community attractive to buyers
Some CC&R policies may seem obscure, such as restrictions regarding how much a pet can weigh. Issues can be complex and may stir contention between property owners and HOA members if the HOA tries to enforce a rule. For example, a homeowner might consider a dog to be a family member, and if the HOA sends notice regarding the dog’s weight exceeding the limit, the homeowner might take offense.
Resolving legal problems
An HOA benefits from retaining legal representation in all matters concerning the enforcement of CC&Rs. Whether you’re dealing with dues and assessments, nonpayment and foreclosure, or some other issue, allowing an experienced real estate law attorney to advocate on behalf of your members helps diffuse tension and creates a buffer between the HOA and the homeowner or homeowners involved.
Legal guidance also comes in handy in the drafting process of CC&Rs. This type of guidance can help your HOA avoid ambiguity or vagueness of terms. If it’s not easy to understand a community’s CC&Rs, it creates confusion on both sides and may lead to legal complications down the line. This is why it’s always best to ask someone knowledgeable about HOA issues to periodically review your CC&Rs and make recommendations for changes or updates as needed.
