W.S. from Manitowoc County, Wisconsin writes:
Dear Mister Condo,
Our Condominium Association has a real big problem following any rules, whether it’s number of pets, number of cars, structural changes, colors of the condominium, rental landlord policies they put in place that were never enforced. What can you do if your Association just flat-out refuses to follow any and all bylaws?
Mister Condo replies:
W.S., there is plenty you can do, to be sure. However, it isn’t association members who set policy as to rules enforcement. That is the purview of the Board of Directors of your association. If the Board isn’t running the association to the satisfaction of the members, the simplest solution is to vote them out and vote in volunteers who will. Individual members also have the right to sue the board for not enforcing covenants but that is an expensive and often impractical solution. Perhaps you would consider serving on your Board and bringing back the enforcement of rules? Without a dedicated and concerted effort on behalf of new volunteers to lead the community, nothing is likely to change. As they say, be the change you wish to see. Run for your Board and encourage like-minded association members to do the same. All the best!
I agree with this assessment but one thing left out. The indivisible Board members who don’t enforce the rules can be personally sued. It is their fiduciary duty to protect the community and keep their home prices up. If the community suffers a downward home valuation (which can be shown by comps in the area) Board members can and will be sued.