Board Members have a fiduciary duty to uphold the Association’s Governing Documents, including the Rules and Regulations.
However, blindly upholding the rules at all costs is not prudent either.
Below are areas where the Board should relax the rules and live to fight another day:
- Truck Prohibitions – People now purchase trucks as their primary passenger vehicle. Only trucks with commercial signage should be prohibited.
- Motorcycle Prohibitions – Many people purchase motorcycles for leisure use. Do not prohibit motorcycles.
- Home Businesses – Many people engage in ebay type activities from their homes. Only businesses that create excessive traffic should be prohibited.
- Satellite Dish Prohibitions – Federal Telecommunications Act allows dishes and Federal law will always trump Association Law. Allow standard size satellite dishes.
- American Flag and Political Sign Prohibitions – The First Amendment, Freedom of Speech, allows owners to display the American flag and political signs. Allow these items or risk a lawsuit from the local office of the ACLU.
- Structural Modifications to Allow Access- The Americans with Disabilities Act allows modifications to structures to allow use and access by disabled individuals. The term “disabled” has been broadly interpreted by the Courts. Allow these modification requests or risk a federal lawsuit with punitive damage.
In summary, in upholding community association rules, be reasonable when approached by homeowners requesting waivers and make sure that the reasoning behind the waiver is fully documented.