THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Saturday, February 22, 1997 TAG: 9702210699
SECTION: REAL ESTATE WEEKLY PAGE: 22 EDITION: FINAL
COLUMN: COMMON GROUND
SOURCE: G. ROBERT KIRKLAND and MICHAEL INMAN
LENGTH: 63 lines
Our board and the manager have recently started sending out letters about architectural violations. When the builder was in control, we were told that we did not need permission for these endeavors.
I am sending you a copy of the ``rules'' that this board has come up with. Can they make me go by these rules?
The simple answer to your question is yes. The board has the right to create the rules that you sent us and has the right to require you to abide by those rules.
The important points are very simple.
First, the builder and the builder-controlled board apparently did not enforce the rules that were parts of the declaration. They should have. It was the board's obligation to ensure that all owners conformed.
Second, the new board members, who are all homeowners, apparently are trying to get all of the owners to comply with guidelines. In our phone call to you, it appeared that the biggest number of ``violations'' is that many people did not submit an application to make an architectural change.
This is simple to correct - file the application. In those instances whereby the variance is an actual violation of the guidelines, the board is required to actively seek compliance by the offending owner.
Third, the declaration and bylaws of most associations give the board the authority to establish new rules so long as they do not conflict with the rules of the declaration or bylaws. This means that the board can and should develop policies that clarify the procedures and guidelines.
Every community should have a handbook that states how one applies for an architectural approval or variance. And the board should establish guidelines and specifications so that owners will know what can be approved and what cannot.
The process to develop these guidelines should include a period for community comment and input as well as review by the board.
Once the policies are adopted, as they were in your community, then the board, the other owners and the manager all have the obligation to ensure that all violations and variances are corrected or approved.
There are several excellent handbooks available from the Community Association Institute that you can use as a guide. There are also several booklets on architectural controls and the process.
During this transition period, every owner should feel free to call the manager if he has questions about the guidelines. And if you think a rule is unfair or unreasonable, go to the board and request a review of the rule.
There may be a provision in your documents that details how an owner can submit a rule change for consideration.
Remember, the members of the board are owners like yourself. Any rule that is adopted is one they have to abide by as well as the rest of the community. They only want to do what is required of them and in the best interest of the community. MEMO: G. Robert Kirkland, president of a Virginia Beach property
management consulting firm, and attorney Michael A. Inman specialize in
Virginia community association issues and are affiliated with the
Southeastern Virginia chapter of the Community Associations Institute.
Send comments and questions to them at 2622 Southern Blvd., Virginia
Beach, Va. 23452. To submit questions by phone, call 486-7265; by fax:
431-0410; by E-mail, grkirkland(AT)aol.com