Our Clients Ask Us: Ignoring Member Complaints

Q: One of the owners in our Association has a large swing with a canopy on it in his backyard, in violation of the Declaration. As a Board, we feel that this is posing no harm to the Association, and are inclined to ignore the violation allowing him to keep the swing up for outdoor enjoyment. However, his next-door neighbor has complained about the swing several times, calling it an “eyesore”. Can we turn a blind eye to the next-door neighbors’ protests?

A: NO. Once you receive a complaint about a particular issue, it is important the Board act on it accordingly, including beginning enforcement procedures to remove the swing. The unique position of a community association is this: when an owner takes title to the property, they essentially make a promise to all the other owners to abide by the recorded documents (covenants). When the owner breaks a promise to other owners, not only does the Association have the right to enforce the violation, but the next door neighbor has the right to do so. Technically, if the Board ignored the violation after it was brought to its attention; the next-door neighbor could sue for declaratory judgment to have the swing removed, and also sue the Board for negligence in the process. In some cases, the owner might even be awarded attorneys fees from the Association. Although it may not seem like a big deal to the Board, if the Board wants to alter this restriction regarding the swing, then they should put the issue out to the membership for a vote to amend the Declaration.

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