HOA boards should enforce their CC&Rs

In his letter of Aug. 30 defending the Dos Vientos Ranch homeowners association board of directors, Mark Goldstein fails to note the responsibilities and legal liabilities inherent in homeowners association board membership.

Not enforcing or selectively enforcing the CC&Rs (covenants, conditions and restrictions) exposes the board and the membership to lawsuits, and directors may even have personal exposure. Willful disregard of their fiduciary duties could also void the errors and omissions insurance the association pays for to cover these volunteers.

Realtors serving on a board that doesn't consistently enforce the rules have an additional responsibility and exposure if they fail to disclose to every home buyer that rules are selectively enforced. In the event of a rulerelated problem, a new homeowner could sue a director/realtor for such failure.

A board cannot justify fining one resident for, say, painting his house orange or storing a boat in plain view when it ignores another with a basketball hoop in his driveway. Both are violations of the CC&Rs. And a neighbor of the "orange house" violator who sells his or her home can sue for diminished value.

Furthermore, a homeowner who was fined has cause for action against the board and the association for discriminatory selective enforcement.

Most people buy into homeowners associations to protect property values. They rely on their board to enforce the standards set by the CC&Rs. These are no surprise to any homeowner, who can read them before they agree to purchase.

And, like any law or regulation, CC&Rs can be amended, if they prove onerous, impractical or unnecessary, with the consent of a majority of homeowners.

If you don't like the rules get them changed, but don't simply ignore them when it suits you. James G. McDonough Newbury Park