| How many times have you tried to tell your kids that
there are responsibilities they must accept if they expect to have the rights they want?
If we want the right to drive, we accept the responsibility of obeying the laws. (Well,
most of the time anyway.) The same is true of being a member of a community association.
Community Associations Institute (CAI) is the national organization to
which associations belong. CAI has recently distributed to its members associations a Statement
of Rights and Responsibilities for Better Communities. It lists the RIGHTS of
Homeowners and the RESPONSIBILITIES of homeowners, and the RIGHTS of Community Leaders
(Board of Directors and Staff) as well as their RESPONSIBILITIES to the members and the
association. Again, you don’t get one without the other, in life or in community
associations!
For your thought and comment, this statement is reprinted below.
RIGHTS AND RESPONSIBILITIES FOR BETTER
COMMUNITIES
Principles for Homeowners and Community
Leaders
Homeowners Have The Right To:
- A responsive and competent community association.
- Honest, fair and respectful treatment by community leaders and managers.
- Participate in governing the community association by attending meetings, serving on
committees and standing for election.
- Access appropriate association books and records.
- Prudent expenditure of fees and other assessments.
- Live in a community where the property is maintained according to established standards.
- Fair treatment regarding financial and other association obligations, including the
opportunity to discuss payment plans and options with the association before foreclosure
is initiated.
- Receive all documents that address rules and regulations governing the community
association – if not prior to purchase and settlement by a real estate agent or
attorney, then upon joining the community.
- Appeal to appropriate community leaders those decisions affecting non-routine financial
responsibilities or property rights.
Homeowners Have The Responsibility To:
- Read and comply with the governing documents of the community.
- Maintain their property according to established standards.
- Treat association leaders honestly and with respect.
- Vote in community elections and on other issues.
- Pay association assessments and charges on time.
- Contact association leaders or managers, if necessary, to discuss financial obligations
and alternative payment arrangements.
- Request reconsideration of material decisions that personally affect them.
- Provide current contact information to association leaders or managers to help ensure
they receive information from the community.
- Ensure that those who reside on their property (eg. tenants, relatives, friends) adhere
to all rules and regulations.
Community Leaders Have The Right To:
- Expect owners and non-owner residents to meet with financial obligations to the
community.
- Expect residents to know and comply with the rules and regulations of the community and
to stay informed by reading materials provided by the association.
- Respectful and honest treatment from residents.
- Conduct meetings in a positive and constructive atmosphere.
- Receive support and constructive input from owners and non-owner residents.
- Personal privacy at home and during leisure time in the community.
- Take advantage of educational opportunities that are directly related to their
responsibilities and as approved by the association.
Community Leaders Have The Responsibility To:
- Fulfill their fiduciary duties to the community and exercise discretion in a
manner they reasonably believe to be in the nest interests
of the community.
- Exercise sound business judgment and follow established management
practices.
- Balance the needs and obligations of the community as a whole with those
of individual homeowners and residents.
- Understand the association’s governing documents and become educated
with respect to applicable state and local laws, and to
manage the community association accordingly.
- Establish committee or use other methods to obtain input from owners and
non-owner residents.
- Conduct open, fair, and well-publicized elections.
- Welcome and educate new members of the community – owners and non-owner residents
alike.
- Encourage input from residents on issues affecting their personally and the community as
a whole.
- Encourage events that foster neighborliness and a sense of community.
- Conduct business in a transparent manner when feasible and appropriate.
- Allow homeowners access to appropriate community records, when requested.
- Collect all monies due from owners and non-owner residents.
- Devise appropriate and reasonable arrangements, when needed and as feasible, to
facilitate the ability of individual homeowners to meet their financial obligations to the
community.
- Provide a process residents can use to appeal decisions affecting their non-routine
financial responsibilities or property rights – where permitted by law and the
association’s governing documents.
- Initiate foreclosure proceedings only as a measure of last resort.
- Make covenants, conditions and restrictions as understandable as possible, adding
clarifying "lay" language or supplementary materials when drafting or revising
the documents.
- Provide complete and timely disclosure of personal and financial conflicts of interest
related to the actions of community leaders, eg. officers, the board and committees.
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