How Board Can Correct Exterior Light Violation

QUESTION: I live in a large condominium complex. All of the units have the same type of exterior light fixture next to the front door.

One of our neighbors has violated the condominium association’s declaration of covenants, conditions and restrictions (CC&Rs;) by removing the exterior light fixture and installing an ugly dual-socket floodlight. The hole still remains in the stucco where the original fixture used to be. Both the hole and the floodlight are visible from the common-area walkway.

I spoke to the board of directors about the violation. I did not find out whether my neighbor has been fined or even cited for the violation. The board seemed to think that if they charged a fine for the violation, the owner could just pay the fine each month and continue to ignore the problem. Isn’t there a more effective way of requiring action from the offending owner?

How should the association’s board be enforcing the legal documents?

ANSWER: Your board of directors may not understand that monetary penalties are just one small part of the enforcement process. Paying the monthly fine does not give the owner the right to continue violating the restrictions.

The board of directors should take action to enforce the legal documents if they feel that the violation detracts from the uniformity of the complex or creates a hazard or nuisance because of hole that was left in the exterior wall.

The board should always give the accused owner the opportunity to attend a hearing prior to levying a monetary penalty. The owner should also be given a deadline for correcting the violation. If the owner then fails to correct the violation, it is time for further action on the part of the association.

Your CC&Rs; may allow the association to remove and repair the violation. If the board decides to do so, I urge you to consult with the association’s attorney prior to instigating any corrective measures.

In any case, the monetary penalty should not be the last step if the owner fails to correct the violation.

If the owner pays the penalties but refuses to correct the violation, the association can serve the owner with a Request for Resolution form that invites the owner to participate in mediation or arbitration.

Mediation is especially effective with this type of problem. A good mediator who understands community association structure will ensure that the owner gets an opportunity to be heard, while the board can explain their authority to enforce the legal documents in order to preserve the uniformity and curb appeal of all of the units in the association. By working together to resolve the problem, mutual respect is strengthened and the association members learn how to enforce violations with fairness and firmness. Enforcement of the legal documents can be accomplished without the time, effort and expense of formal legal action.

Although some members of the board may feel that this type of violation is not important, if they ignore this one, their inaction may inadvertently encourage other owners to disregard the legal documents in the future.

Designations for Community Managers

Q: Our board of directors is screening resumes and applications from individuals who have applied for the position of manager for our homeowner association. Some of the applicants use the initials CCAM after their name and their resumes indicate that the initials stand for Certified Community Assn. Manager. What does this designation mean? Should our association require the new manager to have this designation?

A: A manager who has attained the CCAM designation has completed the four core courses of the California Assn. of Community Managers. The courses provide instruction and examination on the California laws that govern common interest developments, also known as community associations.

In addition to fulfilling the CCAM requirements of work experience and education, the certified manager agrees to abide by the California Assn. of Community Managers code of ethics and professional standards. For more information, you can contact the CACM office in Irvine by calling (714) 263-CACM. CACM is a self-regulating trade organization. Members who fail to uphold their professional standards are subject to decertification and expulsion.

Your association should be looking for a well-educated, experienced manager who exhibits thorough knowledge of the laws.

Hickenbottom is a past president of the Greater Los Angeles chapter of the Community Assns. Institute (CAI), a national nonprofit research and educational organization.