I live in a voluntary association and was recently elected to the board. In the past, some boards enforced the covenants, other boards did not. To what extent is a board responsible for enforcing the

Look to your governing documents.  Some require the board to enforce; others provide for the “right” to enforce, or other such discretionary language, typically coupled with the “right” of owners to also enforce.  Even if the board is not required to enforce, failure to enforce may lead to board liability, especially if the board is randomly enforcing.  The board has a fiduciary duty to act reasonably, in good faith, and with the best interests of the association, which might require general covenant enforcement to promote the community and preserve property values.  It also requires uniform and consistent enforcement.  For a detailed discussion of covenant enforcement, see our article “Successful Enforcement of Covenants, Rules and Architectural Standards/Guidelines”.

Community Essentials - November 2004