Because they enjoy the idea of being the community’s room monitor, promptly reinforcing what can very well frequently be a lengthy list of HOA regulations on their fellow neighbor and renters that they might encounter every day, most people do not offer to serve on their homeowner association’s board. Therefore, the tendency can be to: 

1. Hope the occupant stops breaching the rules on his own; 
2. That the individual complaining about the infringement gives up or stops caring when it comes to the violation coming to the board member’s attention either via an official meeting or an informal complaint; or 
3. You may try the weakly-stated, cordial option of reminding the tenant of the rules. While each of those is conceivable, the essential word in all 3 of those solutions is “hope,” and in far too many instances, the resident continues to flout the law. Your actions as a board member of the HOA could significantly impact the HOA and how the neighborhood functions. Getting help from phoenix hoa management is crucial.

If you do not enforce the law, you could cause more issues for yourself.

Particularly when the rule violation and accompanying complaint seem to you to be minor and unimportant (e.g., strict conditions relating to a person’s catering of their garden or yard or the color of a mailbox), purely allowing a tenant’s neglect to follow HOA rules “slide” can lead to bigger issues down the road.

Affected residents may decide to file a lawsuit against the HOA board because its leadership has been undermined if an HOA board preferentially enforces some rules against a few residents while not enforcing other rules against other residents.

Tenant enforcement versus property owner

State law and the Declaration of Covenants, Conditions, and Restrictions are the foundation for an HOA’s enforcement authority. A contract’s CC&Rs contain clauses that cannot be ignored or waived. However, the tenant is not a party to the agreement; it is just between the HOA and the property owner.

How Hiring an HOA Lawyer Can Address Issues Quickly and Reduce Stress?

Despite all of this, there is still the issue of potential conflict when the HOA board members try to uphold the HOA bylaws. Even while there should be less tension overall after everyone is aware that the rules are consistently applied and the board does not unjustly single homeowners out, tension might still develop anytime the board takes action in certain circumstances. However, a board can act swiftly and decisively to handle issues in a less contentious way by collaborating with an external HOA attorney.