What are the responsibilities of an HOA board with respect to CC&R enforcement? Can a HOA board choose to not enforce any CC&Rs or specific CC&Rs?
The HOA board must enforce all CC&Rs in a uniform, consistent, and fair manner. Enforcing the CC&Rs selectively, unfairly, or arbitrarily would be a breach of the HOA board’s fiduciary duty. If there are older restrictions that are now obsolete or that your board would like to change, it is best to amend them in a manner consistent with the proper procedure for amendments as written in your CC&Rs.
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