Residential Estate Industry Journal | Page 51

tenant compliance with association standards, and the integration of tenants into the community on an equal basis.RCC reiterates that the contractual agreement is between the HOA and the owner. RCC encourages Community Associations to keep abreast of changes in law that may link the high number of rentals in any one community to greater risk in lending to buyers. Because rental restrictions affect basic property rights, any rules or regulations that prohibit rentals exist by the SA Constitution, not merely documents that may be amended or adopted by the governing board. Boards may, by resolution, impose restraints on leasing, but these policies must be reasonable, uniformly applied and based on objective criteria. RCC encourages communities to continue ongoing dialogue with legal counsel and regularly communicate with members in the association regarding the policies 18.Rights and responsibilities of Directors, prescribed officers and homeowners The background Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of property owners and homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of informed consensus. The principles below can serve as an important guidepost for board and committee members, community managers, homeowners and property owners and non-owner residents: RCC supports a balance of the rights of an individual owner in a community association with the need for effective management of the affairs of the association for the benefit of all the owners. Reasonable association procedures which empower the board of directors and staff of the community association to perform their obligations efficiently must take into account the rights of an individual owner to privacy, enjoyment of his or her home and full participation in the community association. The policy The RCC encourages the HOA to draft rights and responsibility charters for Directors. The Homeowners’ Association (HOA) is a nonprofit company with the purpose to manage a common interest residential development. The HOA is normally comprised of owners of property in the development. The HOA elects members of a governing board to direct its activities. The board of directors has certain powers and duties. Directors also have individual duties, and they