rules Enforcement Waivers

One of the duties of boards of directors is to enforce the CC&Rs and rules of an association. Boards must be even-handed and consistent in their enforcement. However, the courts have granted boards some discretion on whether boards are required to litigate violations. Beehan v. Lido Isle

Failure to enforce restrictions or the improper granting of waivers could result in an association's loss of its right to enforce a particular restriction. If a board decides to grant a waiver to an owner, it should seek legal counsel before finalizing its decision. Unless the circumstances are extraordinary, the granting of a waiver will usually result in other requests for a similar waiver. The following guidelines should guide the granting of waivers:

1.  The waiver should not be a major deviation from your CC&Rs or rules (allowing an owner to have two 60-pound Dobermans in a condominium complex that restricts owners to one 20-pound dog).

2.  The waiver should not change the character of your community (allowing a French Tudor house in a Spanish styled community).

3.  The waiver should be in the minutes of an open meeting with a full explanation why the wavier is necessary. Directors must make their decision in good faith and in the best interests of the association.

Updated by ADAMS KESSLER 8/21/2007