1. The Cooper Company: Real World Enforcement Discussion
Presented by:
Susana Cendejas, Esq.
Angius & Terry LLP

2. IS THERE A PROBLEM IN YOUR COMMUNITY?

3. SPEEDING

4. EXCESSIVE NOISE

5. SECURITY

6. COMMON FACILITIES MAINTENANCE

7. UNRULY TENANTS

8. CHILDREN

9. DOES THE BOARD HAVE A DUTY TO ACT?
Is there a provision in the CC&Rs or Rules which has been violated?
Is there a threat to health and safety?

10. Is it a Neighbor to Neighbor Dispute?
First, determine whether there is a direct violation of the association’s governing documents, or if the issue affects the association as a whole.
If so, than the Board has a duty to enforce the governing documents, or to protect the interests of the owners as a whole. However, the law does not require the Board to go as far as suing a homeowner in order to enforce the governing documents. (See Beehan v. Lido Isle Community Association (1977) 70 Cal.App.3d 606).
Review the CC&Rs and see if there is a provision that requires owners to submit their disputes to the Board, or to some other form of alternative dispute resolution.

11. IS THERE A NEED TO ENACT A RULE?
Is the rule consistent with the CC&R’s?
Is the rule reasonable and non-discriminatory?
Is the rule to be enforced uniformly?

12. THE OVERRIDING GOAL: TO COMPEL RULE COMPLIANCE NOT PUNISHMENT
NOT COLLECTING FINES

13. NOW WHAT?

14. NOTICE OF VIOLATION TO HOMEOWNER
If you are not a witness to the violation
Get a written statement from complaining party
Telephone Call
Letter
Specific description of the nature of the violation
Deadline to cure the violation
Include copy of rule violated
Advise that continued fine and/or violation will result in hearing before Board
Include schedule of fines

15. NOTICE OF HEARING Provide 10 Days’ Written Notice of Hearing
Advise that Hearing Will be Held in Executive Session
Advise that Board will issue a written decision pursuant to the governing documents.
Advise that Fine may be Imposed
suspend voting rights per CCR’s
suspend common facility use per CC&R’s

16. THE HEARING Conduct in Executive Session With or without counsel
Provide ground rules for hearing
Member’s opportunity to be heard and present position
Experienced facilitator present

17. at the hearing - anticipate going to ADR
don’t poison the well
encourage communication
avoid dictating if at all possible
set the stage for mediation

18. THE DECISION Board should deliberate in executive session
Decision should address each violation for which notice was given - but no more
Decision should address continued violations
Impose/suspend fine
Board makes written decision after hearing

19. THE FINE HAS BEEN LEVIED AND COMPLIANCE HAS BEEN ORDERED.
NOW WHAT?

20. ADR Strategic considerations select mediation promotes dialogue
arbitration discourages dialogue
designate a mediation service in your notice
record decision in writing to promote compliance

21. SHOULD THE BOARD INITIATE LEGAL PROCEEDINGS TO COMPEL COMPLIANCE AND/OR COLLECT FINES?

22. PRACTICAL STRATEGIES FOR THE GOOD
Communicate in a non-confrontational way (Communication may be the issue)
Caution: Beware of selective enforcement
Consider suspending fines
The goal is compliance, not punishment
A suspended fine can be reimposed if conditions not met
Don’t poison the well for mediation
Notes

23. PRACTICAL STRATEGIES FOR THE BAD
Document, Document, Document!
Get any agreements in writing
Pattern of escalating enforcement
Don’t allow personalities to affect your judgment
Don’t be afraid to call the police
Make sure any threats are reflected in the police report
Develop a good relationship with police
Notes

24. PRACTICAL STRATEGIES FOR THE UGLY
Human Services
Health Department
County Building Code Enforcement
Police Department
Danger to Self
Danger to Others
Get the officer’s name and a copy of report
Community Information
Find out who owns the property
Notes

25. Real World Examples Parking Street parking v. garage parking
Can the Board require residents to park in their garage or driveway before parking in common area spots?
Should common area spots be assigned?

26. Real World Examples Pets
What if residents are using the tennis court as a dog run?

27. Real World Examples Pets
What should the Board do when a barking dog is disturbing one resident and the residents are not able to reach a solution?

28. Real World Examples Use of Common Facilities
What if residents are playing loud music at the pool?

29. Real World Examples
What happens when an Owner makes architectural modifications without permission? And then refuses to remove it or submit an application?

30. Real World Examples
What should the Board do about political signs?

31. Real World Examples
What should the Board do when a homeowner refuses to properly maintain their home or front yard?