IS
THE
RULE
OBJECTIVELY
FAIR
AND
REASONABLE?
HOA board members have a fiduciary
responsibility to the community, and that applies
to new rules and policies, too. Does the planned
rule benefit the entire community and not just
a few individuals or homes? How you answer
that question will tell you a lot about whether to
proceed with a proposed rule change or not.
Remember, all your rules, regulations, and policies
as an HOA could be challenged in a court of law.
No matter how well-intended a new policy may be,
it'll also need to hold up in a courtroom. Likewise,
unfair rules that target a single problematic
homeowner may get your neighborhood in the
press or newspaper for all the wrong reasons—so
always make sure you are upholding your fiduciary
responsibility as a board member.
The rationale behind any new rule should be
sound and needs to be applied fairly across the
board. When in doubt, consult your association
attorney and CAM—these professionals can give
great advice on how to proceed, and chances
are they have dealt with similar problems before.
Listen carefully to what they have to say, and then
proceed accordingly.
