Maintaining the Community to a high standard isn’t an easy job and requires all owners to follow some basic ground rules at least.
Painting exteriors in different shades of colour, late night parties, using the pool outside of hours….. Somewhere in Spain a Community Administrator is attempting to solve one of these, or similar rule violations.
They’ll be communicating with owners and holding meetings, trying to resolve these issues which can be a headache for those trying to enjoy community living.
A community’s governing documents will establish the aesthetics like architecture, landscaping, painting, and visual standards, and the general living environment – things like noise nuisance protections, smoking restrictions, and quiet enjoyment. All owners agree to follow these governing documents when they join the Community and the President with the help of the Administrator is responsible for ensuring that they do.
However, despite a community’s best efforts, violations will undoubtedly occur from time to time.
So, what are the steps that should be taken when homeowners do violate their community’s rules?
Below are 4 steps of enforcement, but since rules vary from one community to another, you should check with your own committee or administrator for specific advice.
Step 1.Customer service. Not every owner has memorised the community rule book, so they may not know that they’re in violation. That being said, consider human nature and how individuals react to discipline. Are you more or less likely to comply with a rule if your first notice of a violation is rude, aggressive, and threatening? Remember: we are attempting to control an aspect of someone’s home and life – which is a very personal aspect. For proper enforcement, start from the position of politeness and notification. Start with a friendly notice.
Step 2. Processing and documentation. Despite the friendly warning, the problem is still occurring? Then it’s time to step up the enforcement process - first a warning, secondly a written notice – hopefully it won’t come to a final notice?? Proper records need to be kept of all actions in any case – those records will be important later on, especially if the problem persists.
Step 3.Talk it over. If it reaches this far, the opportunity should be given for a fair hearing and resolution of any violation. At the meeting, the homeowner’s viewpoint should be respected and listened to – there are always two sides to a story after all! A compromise may be able to be reached to create an easier resolution of the problem and prevent further escalation. But the needs of the rest of the owners should not be ignored though. While the owner attending the hearing may have good reason for paving over their front garden with concrete, consider how that would impact the lives and home values of the other homes in the community?
Step 4 If all else fails…. Notices, hearings, fines, compromises, and long stares around the pool just aren’t getting the violation resolved? Then unfortunately, it may be time to consider legal action.
If you are experiencing problems in your community then speak to your administrator. They may be able to help you get it resolved quickly and without any upset.