Who Has to Follow the Rules?

In life, in neighborhoods, in business there are rules. What happens when you break the rules?

It depends who you are.

If you are a resident in The Summit? 

You'd better follow the same rules as a homeowner. Not knowing them doesn't count. You are still obligated to follow them.

If you are a homeowner in The Summit? 

You must follow the rules in the CC&Rs, By-Laws, other Governing Documents, such as the Procedures Reference Manual, Online Guides, and a myriad of other documents.

What happens if you don't? First you get a nastygram (Violation Letter) from the Association, via CAMS. If you don't remedy the violation, there are further penalties, including fines and fees. And more.

If you don't cut your grass, you'll get a nastygram and be threatened with a fine. If the HOA doesn't cut its grass, nothing happens. It just grows taller.

If you put up a fence that encroaches on Common Property, you'll have to take it down. Unless the Association ignores the encroachment. If you sell, does the Buyer end up with your problem? Or does the HOA then eat the cost of taking down the fence that blocks off Common Property?

If you don't pay your dues?

You may find yourself subject to Fines, Fees, Interest, Legal Expense, Lien Filing Expenses, Lien Cancellation Expense; even Foreclosure.

If you are the Association and the Board of Directors? 

Pesky rules, called By-Laws, apply. But an interesting thing happens, if the Association ("HOA") breaks its own rules. Nothing happens. At least, until somebody takes a stand and begins to hold the HOA and its directors and officers accountable.

If you are Director? 

You have a fiduciary responsibility. Once you take office, you give up some of your personal opinions and must do what is right for the HOA, whether you like it or not. If you are unwilling to uphold your fiduciary responsibilities, you should resign. But, again, no penalty or consequences, if you fail to do your duty. None, until somebody takes a stand.

If you are an Officer of the Board? 

Officers (President, Vice President, Secretary, Treasurer) have responsibilities beyond those of just being a Director. For example, signing contracts that obligate the Association. And being authorized to sign them, before you actually do sign them. But again, no consequences when you screw up.

If you are a Voting Member? 

Some of the duties are listed in the "Right [sic] & Responsibilities" listed on the HOA's website. Go to Neighborhood News on the homepage, and scroll down. You can't self-identify as a Voting Member. There are Sections in the By-Laws that control how you become a Voting Member (or Alternate).

However, nothing seems to happen to the Voting Member who is not a legitimate Voting Member (one selected from the Neighborhood Committee, after the election in the Annual Neighborhood Meeting). You might be told by the HOA's attorney, as I have been, that so-and-so is "recognized" by the Board as the Voting Member. 

If you are a Committee member? 

Nothing happens if you don't follow the rules of the Mission of the committee, as stated on the website. In fact, your name might stay on the committee roster, even if you are no longer on the committee.

If you work for CAMS? 

Follow good business practices. If you are asked to do something that is not right, don't do it. If someone (let's say, an officer of the Assn. or even your own supervisor) tells you to do something that is not right, protect yourself. Include the name of the person issuing the direction to write such a statement or document.

The HOA's attorney has asked me to communicate with my Voting Member. But she doesn't reply. So what am I supposed to do? If I email an employee in the office with a simple question, Angela replies that the attorney told me to contact the Voting Member.

Is everybody being to told to contact their voting members with questions, when they contact the office? Or am I the only one getting the special treatment?