Article IX: The Right to Reasonable Associations and Directors

Associations, their directors, and other agents shall act reasonably in exercising their power over homeowners.

Duties of Associations:

The association must comply when law and governing documents. They also must use ordinary care and prudence in managing property and affairs, treat homeowners fairly, and act reasonably in with discretionary powers which include rule making, enforcement and design control powers.

Duties of Directors, Officers, Managers, and Other Agents:

Directors, officers, manager or other agents can not solicit any form of compensation or gratuity that would improperly influence decisions or result in any conflict of interest. These people must not accept commission, personal profit or compensation for providing goods and services and cannot enter into a contract to do so. They must use ordinary care and prudence while performing their functions and duties.

Protection Regarding Attorneys:

No association may make legal fees in whole or part on the amount paid by a homeowner to a lawyer. There may not a contract authorizing anyone to prevent a homeowner from seeking to resolve a dispute with direction or agents of an association.

Protection Regarding Managers:

Association managers must be licensed and bonded when required by law. Managers may be paid a flat fee, hourly rate, or a combination of the two. They may not receive any bonus or incentive or any amount based on how many violations that they address. They cannot impose charges on homeowners.

Determination of Architectural Requests:

If a homeowner has a request hat the association approves the homeowner’s planned construction, landscaping, maintenance, or repairs, then they shall be approved unless the association provides a written notice detailing a lawful basis for disapproval. This all needs to happen within 30 days. The homeowner’s will all be alerted to this rule each year.

Fines and Other Charges:

Associations may look to a court order to impose fines on homeowners who are not compliant with duties under documentation. Associations may recover reasonable compensation for damages if the homeowner actually harms the association by breaking a rule. There is nothing that prevents an association from withdrawing homeowner privileges to use recreational facilities where otherwise authorized.

Retaliation Specifically Forbidden:

No association or any other agent of an association can take or encourage another person to attempt retaliatory action against a homeowner because the homeowner has complained against alleged violations of law, requested to review books or records, or taken any other lawful action asserting homeowner rights.

Remedies:

Homeowners are entitled to recover compensation, and punitive damages from associations who act unlawful. The homeowners are also entitled to equity, upon proof. Offenders can be removed from their positions and they will be banned from returning to office short a certain amount of time. The offender will also have to repay legal fees.

This article wants to make sure that all homeowners know what they can expect out of their association and directors. Directors and associations must follow the guidelines otherwise they risk getting thrown out of their positions. This is important because it shows homeowners that they cannot be pushed around by these people and have some rights in the proceedings. It is important that homeowners realize this because unlawful directors can be very harmful if they are not taken care of. This also shows homeowners what they can do if they run up against one of these unlawful directors or associations. Homeowners can fight back.