Best Practices for Community Association Covenant Compliance

The role of a Community Association is to maintain a quality standard of living for their community. These associations protect property values by maintaining common areas and outlining a set of rules that each resident must adhere to, commonly called Covenants, Conditions and Restrictions. Establishing clear rules, notice procedures, enforcement policies and hearing procedures are the best way to ensure voluntary compliance; however, drafting those rules and policies are not always so cut-and-dry.

Here are a few best practices to follow when drafting your Community Associations policies to reach the goal of voluntary compliance across the board.

•  Draft rules that make sense for your association and property values.
• Do not simply copy restrictions for your Declaration. Rules and policies should clarify or expand on restrictions.
• Establish a firm set of notice procedures and policies including a fee schedule and hearing procedure should the matter be taken to court. Put them in writing and ensure owners understand them.
• Keep detailed records pertaining to the association’s enforcement actions.
• Enforce the rules timely, consistently, and uniformly.

Clear policies are tantamount in the event court action is needed. Drafting transparent and straightforward rules are the surest way to obtain voluntary compliance. If your association is in need of assistance in drafting policies educating owners or compelling compliance through administrative and court litigation, stop by your Community Association Lawyer’s office for guidance.