Skye Bridge

Enforcement of Rules and Regulations should start with communication of the rules. All Homeowners need to have a set of the Rules and Regulations to ensure that they know, understand, and are able to comply with them.

When was the last time your Rules and Regulations were distributed to your community? Especially for long-existing communities, rules may have been updated or changed over time. It is a good idea if you want to really start enforcing the Rules and Regulations, that you provide your Homeowners (and their tenants) a full, updated set of Rules and Regulations. Ask them to review. Ask for their feedback. Ask if they have any questions. Provide a time frame (such as 30 days) for them to provide this feedback or Q&A period. Then, perform an inspection.

Who does the inspections of the Association?

• Community Manager. If your Association has a Community Manager, the Community Manager will perform inspection in accordance with their contract. A lot of communities only ask the manager to perform two (2) inspections – one (1) in the spring and one (1) in the fall. Other communities may ask for quarterly, monthly, bi-weekly, or weekly inspections. However, take note: The more inspections that are required, typically increase your Management Contract.
• Violation/Rule Enforcement Committee Member. A volunteer in the community who is on a Committee such as Violation/Rule Enforcement Committee, may perform inspections. Unless your Governing Documents permit for payment of this service, this volunteer is performing this inspection, for free.
• Board Member(s). Board members may also perform inspections. Board members are typically not permitted to be paid; so this inspection would also be conducted for free.

What occurs during an inspection?

When an inspection occurs by a Community Manager, Committee Member, or Board Member, this is a visual only inspection. It is not an engineer’s visual inspection, or an invasive inspection (that would also be performed by an engineer). 

Community Managers (or Committee/Board Members) would need to review the Rules and Regulations of the Association to determine what is, or is not, a violation. A check list or inspection form can be created to aide in the Inspection Process.

Community Managers (or Committee/Board Members) look for items such as these in an HOA Inspection to see which areas require repair, maintenance, or replacement:

• Is the grass too long
• Are weeds growing in the grass or flower bed
• Is the mailbox post painted
• Is the mailbox in good condition
• Do the numbers on the mailbox and/or house comply with rules and/or do they need to be replaced?
• Does exterior painting need to be performed on the home? (Door, door frame, wood trim, etc.)
• Is any siding or facade missing?
• Are any shingles (visible from street level) missing?
• Are the gutters obviously clogged (with leaves overflowing or trees growing out of them)?
• Has snow and ice been removed in the appropriate time frame from driveways, walkways, sidewalks, and/or steps/stoops?
• Is there dog poop in the yard?
• Are fences maintained in good condition?
• Are decks in good condition?
• Are there any broken windows, blinds, or screens?
• Are there blinds in the window? (NOTE: Some HOAs also monitor the color of blinds).
• How many ornaments are installed in the flower beds? (some prohibit any, some have a max of how many numbers are permitted).
• Are flags installed on the home and are they permitted?
• Are there any dead or dying trees on the property?
• Do any driveways require crack fill, seal coating, or asphalt repairs/replacement?
• Do any of the curbs, sidewalks, walkways, steps, or stoops require repair or replacement?
• Do the house, fence, or garage need to be power washed?
• Are handrails clean (if composite) or painted (if metal)?
• Are signs installed that are not permitted (in windows, attached to the home, or displayed in the yard).
• Are basins being maintained by the landscaper?

Community Managers (or Committee/Board Members) look for items such as these in a Condominium Inspection:

• Visual inspection of the outside of the common areas for work orders to be issued to appropriate vendors.
  • Facade (Siding, Stucco, Concrete, Brick, etc) – cleaning, repair, replacement, pointing.
  • Sidewalks: Curbs, sidewalks, walkways, steps, stoop – do any require repair or replacement?
  • Asphalt: Driveways, parking lots, roads – do any of these require repair, replacement, crack filling, and/or seal coating?
  • Balconies: Do balconies have crumbling concrete, exposed rebar, or railings that require repair, painting, or replacement? (Ground, visual view up only).
  • Balconies: Are residents hanging items over the balcony that are not permitted (clothing, pots, flowers, etc.)
  • Interior Common Area:
    • Are carpets clean? Do they require repair or replacement?
    • Are non-carpeted floors clean? Do they require repair or replacement?
    • Are paintable surfaces clean, or do they require cleaning or repainting?
    • Are thermostats set correctly for heating/air conditioning?
    • Are heaters or turned on in the winter for areas like stairwells that hold pipes which are exposed to an outside wall?
    • Are stairwells clean? Do the walls, floors, stairs, or railings require repainting or replacement?
    • Are common area doors clean? Do they require repair or replacement?
    • Are common area windows clean? Does cleaning need to be scheduled?
    • Are common area windows broken – screens, blinds, or window? 
    • Is the elevator clean? Does any cleaning or replacement of fixtures need to occur? 
    • Are fire alarms and sprinklers working (were they recently inspected and up-to-date)?
    • Are burglar alarms working?
• Are basins being maintained by the landscaper?

In a Community that has Amenities, the following items may be inspected by a Community Manager (or Committee Member/Board Member):

• Pool
  • Is the pool clean?
  • Are there any deficits with the pool – obvious repairs naked to the eye, that need to occur? (i.e. cracks, chipping, missing tiles, etc.)
  • Are the handrails and ladders installed in season, and removed out of season?
  • Is the pool furniture clean? Does it need repair or replacement?
  • Is the pool supply area (shed, house, maintenance room) organized?
  • Is the pool’s electrical certification current?
  • Is the pool’s bathing license current?
  • Does the lifeguard have all of the proper equipment?
  • Is the fence in good condition, or does it require repair, repainting, or replacement?
  • Is the landscaping properly maintained?
  • Is the AED current, maintained, and working?
• Clubhouse
  • Is the facade (Siding, stucco, brick, etc.) in good condition or are repairs or replacements needed?
  • Is the roof missing any shingles (from ground view) that require replacement?
  • Is the landscaping in good condition?
  • Do any sidewalks, walkways, curbs, or ramps require repair or replacement?
  • Is the parking lot in good condition, or are repairs/replacement/restriping needed?
  • Is the inside clean?
  • Are tables, chairs, couches and furniture clean? Do any require repair or replacement?
  • Are tv’s working correctly?
  • Is the fitness equipment in good condition, or are repairs needed (Visual inspection only)?
  • Do any of the windows require cleaning, repair, or replacement?
  • Is the lock / handle on the door working correctly?
  • Does the key fob system work correctly?
  • Are the bathrooms clean and stocked?
  • Is the AED current, maintained, and working?
• Tennis Courts/Pickle Ball Courts
  • Is the net taken down and reinstalled for the appropriate seasons?
  • Is the tennis court in good condition?
  • Is the fence for the tennis court in good condition?
  • Are any benches in good order, or do they require repair or replacement?
  • Are the nets in good shape, or do they require replacement?
• Pond
  • Does the pond of algae or visible aquatic growth on it?
  • Are fountains, aerators, or bubblers working at the correct time of year?

How is action taken by the Community Manager (Committee Member/Board Member) after an inspection occurs?

For Common Area repairs, the assigned party (Community Manager, Committee Member, or Board Member) will need to issue a work order to the appropriate vendor. Please review any policy about pre-approved spending limits that do not require Board Approval. This information should be found in the Management Contract, if you have a Community Manager, or in a Committee Charter if a Committee is performing inspections. If the Board is performing inspections, the Board should adopt a policy as to how much is allowed to be spent without Board authority.

If the repair may exceed the pre-approved spending limit, multiple bids or estimates, may need to be solicited by the responsible party. A Request for Proposal (RFP) should be drafted and sent to 3-7 vendors. Ideally, three (3) estimates will be returned which is why it is good to contact 5-7 vendors (or contractors), as not all vendors may be interested in providing a free estimate. The person soliciting the bids should also make it clear to the party providing the estimate, that they are seeking a FREE estimate. Not all companies provide free estimates.

When the estimates are returned to the seeking party, a bid analysis should be completed, identifying things such as:

• Name of the Company Bidding
• How many years has this company been in service?
• How many employees does this company have? (NOTE: this is important to common area maintenance such as landscaping and snow – you want to know that the company has a big enough team [or small enough] to accommodate your Association).
• Does the Company meet the Association’s minimum insurance requirements?
• Does the contractor have Worker’s Compensation insurance?
• What is the scope of work?
• Note in a separate column how the scope varies from one bid to another.
• What is the cost of the work?
• What are the payment terms of the work? (Be leary of contractors who require 100% payment in advance for services not yet completed unless it is a monthly contract such as landscaping or trash/recycling).

The bid analysis, along with the original bids, should be submitted to the Board for a Board vote. The assigned party will contact the contractor who has won the bid to advise that they have been selected. The assigned party should also contact the other vendors to thank them for their estimate, but advise the Association has chosen to go in a different path at this time.

For Violations sent to Individual Homeowners:

The assigned party should have a violation template that can be used. This template should include:

• Name of the Association (letterhead)
• Date of the Letter
• Name of the Homeowner(s)
• Address of of the Homeowner(s) (if this is an off-site unit owner, include their offsite address but reference in an RE: line the name of the community and the address of the property where the violation exists).
• Date of Infraction (Violation)
• Rule that was broken
• How the violation can be fixed or resolved (what is the approved standard?)
• What will happen if the item cannot be fixed (re-inspection, fine, etc.)
• A period of time to be heard by an Alternative Dispute Resolution (ADR) Committee or the Board before the fine is applied to their account.

While it is difficult to write a violation letter, which is factual, to be friendly, keep in mind the tone of your voice when writing. No one appreciates a negative tone, even if they are breaking a rule.

Check your Governing Documents for the required delivery process of the letter. Some documents require official notices to be mailed, while others have been modified, or newer Associations have been created, to permit e-mail delivery of notices.

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Summary: Rules and Regulations can exist in the Governing Documents, as created by the original Declarant, and, they can also be created by the Board of Directors. Some Rules are also found in local, state, and federal laws. When a rule is created, it needs to be provided to all community members with a chance for them to review the rule before it is enforced. Likewise, it is good to re-publish Rules and Regulations on a recurring basis to ensure that Residents are familiar with the Rules. 

Community Inspectors (Community Manager, Committee Member, or Board Member) should keep in mind to inspect common areas as well as individual homes (units) for violations. Work orders should be issued to contractors for common areas if under the preapproved spending limit, or RFPs should be solicited with a bid analysis provided to the Board if over the preapproved spending limit. Violations should follow a standard template, that is nicely worded and written, explaining the facts at hand and providing a chance to cure the violation before fines occur. Violations also need to provide the homeowner a chance to be heard and appeal the violation before fines are issued.