Question:
We have a Road Association that has bylaws and covenants about various things like buildings, construction, dogs, garbage bins etc and so really – it appears to be an HOA – as the regulations go well beyond the scope of road maintenance.
So are we technically an HOA? What legal responsibilities to directors/board members have when it comes to enforcement of the covenants and bylaws?
There are just 9 houses but already we have people putting up chicken coops etc that are not in keeping with covenants and the ACC?
Thanks
– Shona
Answer:
Hi Shona,
You should check the governing documents of the road association, including its bylaws and articles of incorporation (if any). Whether or not your association has board members should be included in the bylaws. The bylaws should also contain information on board member duties. As for enforcement, enforcement procedures and requirements should be included in the CC&Rs.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
