Protect H.O.A. Board Members
However arbitrary HOA rules may seem, they are tough to change, and boards need to enforce them or risk becoming the subject of lawsuits from other homeowners.
- Sarah Holder. "When the Homeowners Association Comes for Your Home". Bloomberg. September 14, 2023.
There is a ridiculously simple way to protect H.O.A. board members from charges of non-enforcement or selective enforcement of restrictive covenants.
- Neuter the authority and power of H.O.A. corporations; limiting them to that which is only necessary to manage and maintain their → common ← property.
- Make it illegal for an H.O.A. corporation to make and enforce rules on a homeowners own → private ← property; regardless of what is written in the governing documents of the H.O.A.
Rather than repeat myself, please see my earlier comment -- "re 'Breach of Fiduciary Duty & Breach of Covenants'" (Sept. 15, 2023) - for more details; including an answer to the most common objection to this policy proposal.
Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.
Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.