The Board is duty bound to enforce not only the express provisions contained in the Association’s Master Deed and By-Laws but as well is required to uniformly enforce the operative rules and regulations in the Community. Consistency in the uniform application and enforcement of the Community’s rules and regulations is critical to a well run and successful Association. Members of an Association expect their Governing Board to enforce the Community’s rules as well as any other restrictions contained in the Association’s Governing Documents. Failure to enforce restrictions in the Documents and the Rules and Regulations may be the basis of a claim for breach of fiduciary duties on the part of the Board. Boards have the power to enforce restrictions and rules by initially requesting and if necessary compelling compliance. Remedies commonly afforded to the Board to compel compliance include; the ability to assess a fine; suspend the Unit Owner’s membership privileges in the Association, including the right to use the Community’s recreational amenities; seek a court order compelling the Unit Owner to comply; etc. Giaimo & Associates has consistently through out the years provided help to Governing Boards when dealing with noncompliant Unit and Homeowners. Although we have not quite seen it all, we have effectively dealt with our share of noncompliant Unit and Homeowners.
Duties & Responsibilities