HOA Board

Homeowners associations (“HOAs”) are governed by a group of volunteer members known as a “Board of Directors” (“Board”). Their primary responsibilities include: (1) managing the common areas, (2) managing the HOA’s finances, (3) setting policies to assist in the operation of the HOA, and (4) enforcing those policies along with the HOA’s governing documents. The Board is therefore vital to the effective operation and management of the HOA, as well as preserving the property values of the HOA’s members....

Each Board member should employ the following procedure when observing a violation of the HOA’s governing documents:

1. Any observed violation shall be reported to the Manager in writing and shall include any supporting information (e.g., a detailed description of the violation, photographs, etc.).
2. Thereafter, the Manager, and not the observing Board member, must comply with the procedural requirements contained in the HOA’s Policy, which typically requires the preparation and mailing of a “courtesy notice” to the offending resident advising same of the alleged infraction.
3. If the violation continues to occur, the Board should direct the Manager to prepare correspondence inviting the offending resident to a hearing before the Board.
4. At the hearing, the Board may impose discipline pursuant to the Association’s governing documents.
5. The observing Board member must not communicate with the offending resident at any point during the enforcement process (unless otherwise authorized by the Board).

From: ​https://hoalaw.tinnellylaw.com/overzealous-board-members-understanding-the-scope-of-the-boards-authority-to-enforce-the-governing-documents/