Homeowner associations can reduce the possibility of being sued by following certain guidelines. Please be aware of the following:
- Publishing libelous remarks is a certain way to create a legal liability. Think about the consequences of anything you write or say.
- Selective enforcement of CC&Rs and Rules may be discriminatory and must be avoided.
- Violations of rights to privacy can lead to litigation. Delinquencies are to be discussed in executive sessions only and are not to be discussed before nonboard members. Delinquencies are never to be addressed in minutes or in any other manner expect in a general manner.
- Making incorrect decisions concerning who is responsible for maintaining various building components is a major area of potential liability. If there is any doubt about what the documents mean, obtain the advice of an HOA attorney.
- Enforcing unreasonable rules can lead to potential liability. Examples of unreasonable rules are;
a. Forbidding "for sale" signs,
b. Discriminating against renters,
c. Limiting the number of children in the association,
d. Prohibiting satellite dishes on an owner's property, and/or
e. Forbidding the right to fly the American flag.
- Failing to repair security gates, pool gates, lighting, and trip and fall hazards.