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Steps Help Avoid Select Rule Enforcement

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By RICHARD WHITE, Tribune correspondent

Published: December 29, 2007

We have a policy that explains how to report violations of our documents. It was adopted several years ago and written with the assistance and approval of our attorney.

We require complaints submitted by owners on our violation form to reference the part of the document that is being violated, state the perceived violation, and then sign and date the form. It is to be submitted to our rules committee in a sealed envelope.

We have a series of three letters, also approved by our attorney, that are to be sent to the violator after the rules committee chairman verifies that there is a violation. The first letter is a friendly reminder, and the other two are more strongly worded.

Complaints are investigated when the signed and dated form is received. If the issue remains unresolved after the letters, the policy explains the establishment of a hearing committee of at least three nonboard property owners and the rest of the procedure to follow.

A board member can submit a complaint form as an individual resident, just as all residents can, but should not approach the violator on behalf of the board. Our attorney said we should avoid direct contact or selective enforcement.

If a board representative were to contact a violator without having received the official report of violation form from a resident, and if there is someone else with the same violation that the board is not aware of, the board is open to a lawsuit.

Our board members are not supposed to police the homes looking for violations but must act on all perceived violations that are reported.

Your thoughts in this matter, in particular selective enforcement and policing for violations, would be appreciated.

You almost have it right! Great policy, and the guidance of your attorney is super.

Here is what I would recommend. The part missing is inspections by the manager, a committee or both. A property inspection, at a minimum, should take place at least once a week.

I like to establish a log to record all violations and keep a record of inspections. Such a log could help to defend against a selective enforcement claim.

I suggest that each inspection search for three items. Maybe one week you look for garbage, toys on the lawn and improper furniture on the front porch. The next week you search for improper TV antennas, dead landscape and mold on the home. If you see another violation such as a car parked illegally, you can add that to your report.

Then you follow with the first of your three letters.

The other thing to prevent a claim of selective enforcement is I like to make a total inspection of the entire community to determine if there are other units that have the same violation.

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