Enforcement:
The act of compelling observance or or compliance with a law, rule or obligation.
Common Ownership Communities are flush with rules and regulations. Community governing documents should clearly outline the rules that owners and residents must adhere to.
Before buying a home in a Common Ownership Community, the community gives the new owner a copy of their bylaws. The new owner also receives all other governing documents.
The new owner, as part of their buying agreement, commits to following the rules established for the community. Everyone in a community lives under the same regulations. Yet in every community there are those owners that elect not to live by the rules.
For whatever reason, some think the rules do not apply to them. Well, they do.
The challenge in a Common Ownership Community and its rules is enforcement. Are the rules upheld consistently, fairly, and timely?
The answer in most cases is no. It is that inconsistency that creates community discord.
Why don’t communities do a better job of consistently enforcing their rules and regulations? There are several reasons.
1. No dedicated volunteer staff
2. No 24 x 7 monitoring, especially important for parking issues
3. Lack of community awareness of the rules and regulations
4. No enforcement process
5. Bylaws, rules, and regulations that are outdated, no longer reflecting the realities of the community
6. Bylaws, rules, and regulations that are not clear with the rule
7. Owner apathy
8. Board of Director frustration with consistently non-compliant owners
Roads have speed limits. We see drivers speeding. Only 1% of drivers get pulled over each year. Why? Because enforcement officers cannot see every infraction, every day.
Common Ownership Communities are the same. We all have rules that are being broken almost daily in our communities. Enforcement does not or cannot seem all. Enforcement may not even know about rules being broken. Without seeing something or knowing something, enforcement becomes a catch as catch can situation.
How can community rule enforcement be improved?
1. Review and update all governing documents on a regular basis
2. Have clear enforcement processes and procedures, including who will be responsible for enforcement and when
3. Impose fines for each rule infraction
4. Revoke rights or privileges
5. Take legal action
If you see a rule violation, report it.
If you are sited for a rules violation, review your community documents and deal with the issue.
Try to be more understanding. The rules apply to everyone, but not everyone will always be caught when there is a violation.
You live in a Common Ownership Community. You owe it to your neighbors and yourself to be a good steward.
Category: Condo and Home Owner Associations
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Understanding Rule Enforcement in Common Ownership Communities
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The Evolution of Planned Communities in America
The first planned community was Levittown, a community built in Long Island in the late 1940’s. The purpose of Levittown was to intend to offer low-interest homes to veterans. Though there was no formal association, community rules and regulations did exist.
Communities like Levittown continued to pop up throughout the mid-nineteenth century. The 1960’s saw great growth in HOA communities. The HOA growth was a result of the federal government’s encouragement of more residential developments. Along with government encouragement, the resulting mass exodus to the suburbs from the cities was also a great contributor.
The popularity of these communities increased the cost of land. As a result, developers began increasing the volume of homes on each parcel of land. They also varied the types of homes built.
Shared, common recreational space allowed for smaller personal lot sizes. The smaller plot size allowed for more homes. More homes were needed to meet the swelling demand.
Clusters of homes were built around a communal, often amenity-rich space. Association Boards of Directors were elected or appointed to manage that common space. The association acted as the community government for their neighborhoods. They managed responsibilities that were traditionally handled by local government authorities, for example road repair, landscaping and building maintenance. As more communities became established the HOA model began to shift. It molded according to the wants and needs of residents. Eventually, this morphed into what we know today as the modern HOA industry. As HOA communities become more common state governments have begun to establish regulations and laws. In Florida HOA rules can be found in Chapters 718 and 720 of the state code.
There are over 370,000 homeowner associations in the United States. These 370,000 represents over 40 million households (over 53% of the owner-occupied households in America). An estimated 45% of Florida residents live in an HOA community representing 49,000 HOAs. -
The Benefits of Living in a Community Association
How many people would like to read about the history of home owner associations?
None?
That’s what I thought.
Just know that the concept of home owner associations popped up in the 1940s.
In 1963 the FHA approved mortgage insurance exclusively for condo associations and sub-divisions that had an HOA.
In 1972 the Community Associations Institute worked with real estate experts. They created a plan that would balance developer needs and consumer protections.
Today, about 30% of the U.S. population lives in some form of community association. The expectation is that this number will continue to grow.
Why do I bring this up? The thinking about COA / HOA needs to change.
There are people that hate owner associations, People that vow to never live in or buy into an owner association. Of course there are the people that move into one, but decide that the rules don’t apply to them.
I have talked about the value of owner associations on other blogs. I have also addressed the necessity of owner associations at many meetings.
If you hate them, I can’t change your mind. I can just tell you that you are being shortsighted.
Sure, you buy a home and you a certain level of freedom to do what you want with and around your home. Your owners association can actually protect you from yourself. At least in theory.
By-laws, rules and regulations are written for these communities. The governing documents are structured to best guarantee owner freedom and community integrity. They also balance shared costs and property value protection.
When you buy into an owner association, you take on a responsibility to follow the rules. You must do your part to be part of a thriving community. It is no different a commitment than you make when moving into any community.
Owner communities have a unique structure. Because of their shared costs, they allow more homeowners to enjoy amenities. These amenities are ones that standard communities may not have. Parks, club houses, and tennis courts are just a few. Swimming pools and dog runs are also perks that can be found in many communities.
Owners gain private access to these perks by living in the community and paying their dues; an equal fair share of the elements cost.
Owners are also protected from neighbors that might not live up to a standard that enhances property values. COA / HOA communities set a standard. They ensure your home value doesn’t decrease due to a neighbor’s tacky nature.
No, not everything is perfect in a COA / HOA community. Yet if everyone followed the rules, acted in good fellowship and lived as a proper neighbor, a COA / HOA can be the one protection you have to maintain your properties value.
Things Tom Thinks You Should Think 