Associations Should Take an Aggressive Position in Regard to Bylaw Enforcement
I recently heard from a frustrated condo association board member who is upset because the association does not have the funds necessary to pursue co-owners who are not paying their assessments. The association was left with very little money for a legal budget and the co-owner in question is flaunting his violations due to this fact.
It is obvious that associations need to have sufficient economic means to deal with homeowners who violate the restrictions and/or do not pay their assessments. My reply to the frustrated board member is that hopefully the association has the right to levy additional assessments or raise the annual assessment in an effort to deal with the collection and/or bylaw enforcement issue forcefully.
If the association is not given that authority in its bylaws the documents should be amended to allow the board of directors that discretion which is typically the case in condominium communities. The board should take an aggressive position in regard to the enforcement of these restrictions as it is their responsibility to do so. An association can run more smoothly when the "inmates are not running the asylum." Associations would be well-advised to consult with their attorney in the assistance of pursuing such violations.