Question:
Our Board President is coming up with excuses not to enforce certain CC&Rs. His pals on the board vote with him so he gets his way. I feel it is breach of contract to every homeowner in our association not to enforce all CC&Rs. We purchased our home with the understanding, bolstered by documents signed at closing, that certain things would not be allowed in our Ranch. Unfortunately my opinion is given little weight. What are your thoughts?
– Farrington
Answer:
Hi Farrington,
The HOA board has a duty to enforce the CC&Rs. However, if the community finds the rule unnecessary, the board may choose to amend the governing documents instead. You may also choose to remove the president or problem board member(s) according to the procedure outlined in the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
