Can a Newly Elected Board Enforce Previously Ignored Rules?
I had a recent conversation with a new incoming board member who stated that the former boards of his association had not enforced the rules consistently and effectively. He wondered if the new board could immediately begin enforcing overlooked rules or must they let members who have been violating such rules for years continue to get away with impunity.
Though it may be difficult and can even lead to lawsuits with members, incoming association boards should enforce previously overlooked rules and take charge to do so. The longer the board waits to enforce these rules, the more difficult it will be in the long run. One of my long standing maxims has been, “The more things change on the board of directors, the worse they get!” However, in this situation, this maxim does not hold true.
In this case, the newly elected board should definitely give the membership notice of the fact that they intend to enforce these rules, and they should most certainly consult with their attorney as to the best way to let co-owners know that they will be held responsible for these overlooked rules that have not been enforced in the past. The new board will most likely find that the majority of the association members will be glad to hear of the decision and will respect them for it.