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Subject: Do you decide compliance issues as a group or individuals?
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Author Messages
HenryS7
(Arizona)

Posts:14


10/09/2021 8:24 AM  
Our PM handles most compliance issues for our community. However, we regularly receive a packet of correspondence between the homeowner and the PM that involves borderline decisions, gray area decisions, extenuating circumstances, or the like, and our PM sends these to us to make a board decision on. She is offsite and does not know our neighborhood as well as us.

So far, I've been making the decisions on how to handle these on my own as President because no one in our board wants to deal with compliance, and we don't have time at our monthly meetings to go over these (our meetings are chock full of decisions and directions beyond compliance). I'm trying to setup a regular compliance meeting where we can go over the compliance issues as a group, advise the PM on responding to homeowners, when to levy fines, and other board level decisions. I don't feel that I should unilaterally make these decisions as single board member, and would expect that our homeowners think that we work as a group to make these decisions.

I am curious how this works in other communities. Do you make decisions about compliance as a group (at a board meeting or special meeting or the like) or does one person on the board take this on as their thing, and they unilaterally make the decision?

I'm pretty firm in my mind that at least two board members should be involved in making board-level decisions on compliance, but perhaps I am mistaken.
JohnT38
(South Carolina)

Posts:764


10/09/2021 8:36 AM  
It is very rare that our PM needs to involve us in this. Most cases are black and white and they either violate the governing documents or they don't. The whole point in having a PM is to handle this kind of stuff so that a volunteer position doesn't turn into a full time job. I'm unclear on how you could have so many questionable compliance issues come up.

In the rare event that the PM needs the board's input we normally settle it via email.
MaxB4


Posts:1351


10/09/2021 8:45 AM  
Posted By JohnT38 on 10/09/2021 8:36 AM
It is very rare that our PM needs to involve us in this. Most cases are black and white and they either violate the governing documents or they don't. The whole point in having a PM is to handle this kind of stuff so that a volunteer position doesn't turn into a full time job. I'm unclear on how you could have so many questionable compliance issues come up.

In the rare event that the PM needs the board's input we normally settle it via email.



Do you have the PM also fine the homeowner, or does your volunteer board do that?
JohnT38
(South Carolina)

Posts:764


10/09/2021 8:52 AM  
Posted By MaxB4 on 10/09/2021 8:45 AM
Posted By JohnT38 on 10/09/2021 8:36 AM
It is very rare that our PM needs to involve us in this. Most cases are black and white and they either violate the governing documents or they don't. The whole point in having a PM is to handle this kind of stuff so that a volunteer position doesn't turn into a full time job. I'm unclear on how you could have so many questionable compliance issues come up.

In the rare event that the PM needs the board's input we normally settle it via email.



Do you have the PM also fine the homeowner, or does your volunteer board do that?




The PM issues the fine, after a warning and a grace period to rectify the issue. The board can monitor this via our website. If the owner disputes the fine then the board will get involved.
TimB4
(Virginia)

Posts:17766


10/09/2021 8:53 AM  
Our Architectural committee handled infractions.
When I was on the committee, we made decisions as a group.

The member may then appeal the decision to the board if desired.
KerryL1
(California)

Posts:8599


10/09/2021 9:04 AM  
What do your state laws say bout this topic, Henry? What about your CC&R or Bylaws? Don't owners accused of violations get to come to a hearing with the board to give their side of the story? And then the Board would make a decision?

That's what our CC&Rs require and, I think, CA law too.
HenryS7
(Arizona)

Posts:14


10/09/2021 9:49 AM  
Posted By KerryL1 on 10/09/2021 9:04 AM
What do your state laws say bout this topic, Henry? What about your CC&R or Bylaws? Don't owners accused of violations get to come to a hearing with the board to give their side of the story? And then the Board would make a decision?

That's what our CC&Rs require and, I think, CA law too.




State laws, CC&rs, and By-laws do not state the details of compliance, except that owners have an opportunity for a hearing in front of the board if desired. My question isn't about the hearing, but about the board-level decisions that are made prior to the compliance issue becoming a hearing.

I personally do not want to get known as the compliance officer for the community, so I want us deciding as a group how to proceed on compliance issues. I am just not sure how others do it.
KerryL1
(California)

Posts:8599


10/09/2021 12:01 PM  
Ah. I think I misunderstood. When there's a complaint against a condo unit, a member of our staff confirms it to learn if the activity is real and if it actually violates our covenants or rules. If so, the PM takes the next step, which usually is a courtesy letter telling the unit's owner to stop the violation. If the Owner doens'tcomply the PM writes to them calling them to a disciplinary hearing. At that point in time, our board becomes involved.
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