The Obligation to Comply
In an accepting a Deed to your Unit and thereby becoming a member of your Association, you have expressly agreed to comply with the terms and conditions set forth in your Association’s Governing Documents and Rules and Regulations.
The Governing Documents consist of the Master Deed and your Association’s By-Laws. These documents set forth your responsibilities as a Unit Owner and Member of the Community Association. Your Board of Trustees is responsible for enforcing your compliance with the Governing Documents. Your neighbors expect that you will comply as a Member of the Association. Most Governing
Property Owner's Rights & Priveleges
Governing Documents and Rules & Regulations
Documents and applicable State law allow the Board to, when necessary, gain your compliance with your responsibilities with certain stated Association remedies. These remedies range from seeking a court order compelling you to comply (often referred to as an injunction) with the filing of a lawsuit against you seeking a judgment. In addition, in certain circumstances, the Association is permitted to record a Lien against your property and/or notify your mortgage lender that you are in breach of your Unit Owner responsibilities.
It is important that you read your Master Deed and By-Laws so as to become familiar with your responsibilities as a member of the Association. Although these documents are cumbersome to read it is critical that you understand what is expected of you so that you remain a compliant Member of the Association in good standing. All Governing Documents are recorded in the County Clerk’s Office where the Community is located. The law presumes that you have full knowledge of what is contained in your Governing Documents whether you have read them or not. Your Membership in the Association, your privilege to utilize your Community’s recreational facilities, and your ability to vote is subject to suspension if you are not compliant with your responsibilities.
Your Community’s Rules and Regulations
In addition to your Governing Documents, Master Deed and By-Laws, most Community’s have adopted Rules and Regulations which reflect the particular temperament and character of the Community. These rules which vary from Community to Community range from addressing items such as parking, the Community Swimming pool, guests, pet restrictions, garbage/recycling collection to storage of items on your balcony/patio. The majority of the Association’s Membership does have the right to change the Community’s Rules and Regulations.
If provided for in either the Master Deed or By-Laws, the Association has the authority to asses a fine to you for failure to comply with the Rules and Regulations. However, before that fine is actually assessed to your account the Association must notice you in writing as to the alleged violation and the proposed fine and offer you an opportunity to request an Alternative Dispute Resolution hearing (“ADR”). Note, however, that the Association does not need to offer ADR if the allegation of noncompliance deals with your failure to remit Association fees.