Practical Approaches to Voluntary Compliance*
• Educate and notify. Encourage residents to comply by educating them about the rules and by giving sufficient notice of the effective date of each rule.
• Review rules periodically. Review your rules from time to time, and eliminate or amend them if and when circumstances change.
• Act promptly. Once you’re aware that a resident isn’t complying with a rule, take action as soon as possible. Failing to act promptly may result in a loss of confidence in the Association for some residents or breed an air of permissiveness. Also, the Association may lose its right to take action later if violations are allowed to go on too long.
• Be reasonable with rules and consequences. The rule itself and the consequences for violation must be reasonable - in the opinion of both the community and the courts. Make sure the consequences fit the situation. Don’t use a sledge hammer when a fly swatter will do.
• Give residents ample opportunity to comply. Allow reasonable time to fix the conduct or condition depending on the circumstances.
• Provide clear information and guidelines on the rule. The rule must clearly state, in terms understandable to the resident, the behavior that is expected.
• Be consistent and uniform. Rules must be applied uniformly and consistently. In other words, the rule must be applied the same way with all residents under the same set of facts.
• Exceptions can be justified in some cases. You must have some flexibility and it will not void your rule.
*The author has excerpted much of the above information from a CAI 2002 publication “Reinventing the Rules.”
I am a resident of a Virginia subdivision consisting of 31 lots, 9 of which are unimproved vacant lots.There is no "common area" in the subdivision and we have state maintained roads. Recorded with the plat for the subdivision are 19 specific covenants and restrictions.There is no mention of a homeowners association in the recorded restrictions nor in any recorded document in the circuit court. When I moved into my home 4 years ago, I was informed we had a homeowners association and was assessed annual dues. Annual dues are collected from homeowners only, not lot owners. I have dicovered that the association has no bylaws and does not file an annual report with either the SCC or Real Estate Board.
A board of directors was elected and now is threatening legal action against a homeowner for violation of a restriction.
I am pretty sure this association does not qualify as a homeowners association under the Virginia Property Owners' Association Act.
Assuming this to be true, would this association have legal standing to bring legal action to enforce the covenants and restrictions of the subdivision? Should not the action against the homeowner for a restriction violation be by an individual or group of individuals rather than an association?
Your insight is greatly appreciated. Thank you.