Residential community associations : questions and answers for public officials Page: 13
viii, 32 p. ; 23 cm.View a full description of this book.
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The ACIR/CAI survey found that more than 90 percent of responding associations
regulated exterior remodeling and that more than 80 percent
regulated parking, exterior paint colors, the placement of fences, and exterior
antennas. Lifestyle restrictions were less common, but a majority of
associations reported regulating pets and noise levels.
26. Do local governments enforce public laws on RCA property?
Local governments retain the responsibility for ensuring the basic health
and safety of citizens in both RCA and non-RCA communities. However,
the willingness and capacity of local government to enforce certain regulations
is affected by the private nature of RCA property. Local governments
sometimes display reluctance to enter private RCA property to
enforce animal control, traffic, and parking regulations and to collect
trash, unless formal agreements have been established by the RCA to provide
for such activities. (See also questions 32-35.)
27. Do local governments enforce RCA regulations on RCA property?
The primary responsibility for enforcing RCA regulations lies with the
RCA board of directors. However, when the problem cannot be resolved
within the association, there is recourse to the courts, or, in some instances,
to local consumer protection agencies. (See also questions 38-40.)
28. What are RCA members' most common complaints with regard to RCA
regulations? How do these complaints affect local government?
The most common complaints appear to involve pets, parking, exterior
renovations, and exterior decoration of individual homes or units.
RCA boards of directors are often advised by legal counsel not to grant
exceptions to covenants because such exceptions usually will render the
covenants impossible to enforce. For example, a Prince George's County,
Maryland, court has ruled that individual homeowners cannot receive
exemptions from property restrictions that remain in force for other association
members.
On the other hand, a court in Massachusetts admonished an RCA board
of directors to show "common sense" in enforcing the details of restrictive
covenants. Despite this, many attorneys for RCAs continue to advise
against granting exceptions.
This rigidity of RCA regulations is relevant to local officials because it is
one reason why disputes find their way into the courts or other dispute
resolution agencies.
29. How can RCA regulation of exterior renovations involve local government?
Commonly, an owner in an RCA community must obtain approval from
the RCA's architectural review board before making exterior renovations.
When these renovations require a building permit, public approval
must be obtained as well. Local governments, of course, enforce their
own regulations. But they do not usually enforce detailed RCA architectural
controls.
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United States. Advisory Commission on Intergovernmental Relations. Residential community associations : questions and answers for public officials, book, 1989; Washington, D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1227/m1/23/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.