"name": "What is HOA selective enforcement? Question: Can our HOA continue to keep a padlock on the pool without any notice to the homeowners about an opening date? Print this article Font size - 16 +. These documents include: Bylaws As a nonprofit corporation, an HOA must have procedural rules in place. I'm sure many residents will be on your side. If it results in a violation notice, it should cite the code of the alleged infraction. Each and every instance of an implementation of the regulation should also be documented thoroughly in case the resident needs to be persuaded of the irreproachable nature of the system. TO ENFORCEMENT 1. The NYS Office of the . ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards). [5] See the Arizona Planned Communities Act, Arizona Condominium Act, and the Colorado Common Interest Ownership Act. Ohio State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and records to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint. If you have questions or concerns as you draft this letter, it may even be worth it to meet with an attorney who specializes in matters related to the HOA. Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners (2005). New Board members were elected and are trying to enforce the rules for a change and evenly. If, for example, five people bought chickens and kept them in their backyards, but only two of those owners received a formal violation letter, this would be selective enforcement. [3] That means there must be some rational relationship of the decision or rule to the safety and enjoyment of the [common interest community].[4] It also means that HOAs have an obligation to enforce the rules consistently and fairly, for the good of the community. Our lawyers are skilled at enforcing association rules and restrictions by implementing and following successful enforcement procedures. Supported by member dues. New board members may be unfamiliar with a homeowners association selective enforcement claim. (Ohio Rev. In fact, whats in our CC&Rs regarding this matter is so short, Ill just copy and paste it here. Remember, it is an "industry," and everyone has their hands in the homeowners' pockets. I gave them this document and thought this was then end of their harassment. The homeowner won his case, but what a shame it required going to court for peace and quiet. Sup.R. What about the other board members, you may ask? Carelessness, favoritism, or outright neglect can lead to selective enforcement, which can result in legal trouble. Foxes guarding the henhouse. "description": "The experts at Cedar Management Group explain why HOA selective enforcement can be a problem and how to prevent residents from filing a claim." In two recent rulings, state trial court judges have rejected homeowner claims against homeowners associations (HOAs) for failing to enforce covenants against a neighbor. HOA violation enforcement cannot be arbitrary or discriminatory. When Sands North Homeowners Association President Sandra Price . HOA Selective Enforcement. They can enforce the rules and regulations as they wish. This will help the board prove that a violation has transpired. Sounds more vindictive. That way, should a board member encounter a rule violation, they will immediately be aware that it has taken place. [5] Regardless of the applicable state laws, this uniform enforcement requirement should be included in the governing documents as well. 2. The other two were his quorum buddies and allowed him to do as he pleased. When you purchase a property in a community with a homeowners association, youre also acquiring the obligation to pay regular assessments. Wyandotte Office: 734-281-7100 Chicago Office: 773-435-6503. To conclude, well note once more that one of the best ways to avoid issues with selective enforcement is to hire a property management company. With all that said, the Board should post a notice on the pools with an explanation of its closure and the anticipated date of opening. Can I Sue My HOA For Selective Enforcement? And, I should clarify some things. Additionally, sometimes new board members may feel that the previous board was too lax, resulting in the enforcement of rules that the previous board members did not enforce. PO Box 26844 Hi all! Dont get me wrong - Im glad it got handled without much issue. "acceptedAnswer": { What is Selective Enforcement in an HOA? HOA selective enforcement is just one of the many challenges that a board will face. That shouldn't cost much. You also should determine how to have your issue added to the agenda, if necessary. 4112. The homeowner lived across the street from the President. Visit the Ohio Secretary of State to search an associations corporate status, and view the articles of incorporation. In other communities, the property manager or other designated representative may do routine inspections of the neighborhood and record violations. Fees cannot be charged to just one homeowner if it involves a raise in the Association assessment. U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. parking, identification, etc); then, yes, they can contact your mother. Ordinarily, the affirmative defense of selective enforcement will only apply if the violation or circumstances are comparable, such that one could reasonably rely upon the non-enforcement of a particular covenant, restriction, or rule with respect to their own conduct or action. If you do find yourself on the receiving end of a violation notice that you think is a selective enforcement of the rules, you have options. A campaign of emails, phone calls, and other petitions to your Board and/or Management Company should get a response. There would be nothing in your homeowner's file to protect you from the "whims" of others in the future. If your HOA is having difficulty with uniform enforcement of rules, consider partnering with an HOA management company. I have written an email but I have yet to receive a reply. Every HOA is governed by a set of rules and founding documents. Regardless who initiates the lawsuit, your argument likely will be the same the HOAs failure to consistently and uniformly require all homeowners to paint their house every ten years was an effective waiver of the associations right to enforce that rule against you. It is the boards job to ensure that rules and regulations are fairly and uniformly enforced. Read the rule for yourself, and verify that it means what the HOA leadership says it means. Copyright 2023 by Kaman & Cusimano, LLC. "@context": "https://schema.org", If everyone on your street doesnt get home until after 6 p.m. on those days (and so they all leave their trash cans at the curb past the deadline), but only you get a notice and fine from the association, then the HOA is selectively enforcing that rule. It also occurs when rules are unfairly or inconsistently enforced throughout the community. Your deed and the associations Bylaws may include other restrictions. If a homeowner breaks any of those rules, he or she is subject to the homeowners association's enforcement power, granted by the applicable state law and the governing documents. Some homeowners associations only enforce rules when a violation is reported, such as if your neighbor calls the association and tells them you dont bring in your trash cans on time. Most issues can be handled internally if the proper time and attention can be given to the grievances of the homeowner. Familiarizing yourself with the CC&Rs will help avoid future dispute issues. "@type": "Question", Two resigned in protest as they didnt want to serve with him (those seats remained vacant). We have spent a lot of time considering the subject of selective enforcement from the vantage point of the HOA leadership. Below, find eight unenforceable HOA rules, plus a few HOA loopholes: 1. I once sat on a jury trial of an HOA lawsuit about selective enforcement. HOAs do not have unlimited power. Please submit a Feedback Form to report errors on any information published on this website. The Act prohibits debt collectors from using abusive, unfair or deceptive practices when attempting to collect a debt. You indicated you cannot, so you may have alternatives. Conclusion Homeowners can bring a lawsuit against their HOA, and in some circumstances against individual board members, if the HOA abuses its power. The creation and adoption of the Rules & Regulations are by the Board Members. Charlotte, NC 28221, Phone: (704) 644-8808 Toll Free: (877) 252-3327, Our Community Association Management Locations. As a member of a Homeowners Association (HOA), you probably already know that your governing documents include covenants, rules, and restrictions about how you can (and cannot) use your property. [6] See College Book Ctrs. Now, lets take just a moment to approach the question from the opposite angle: What can you do when you are a homeowner and you find yourself on the receiving end of selective enforcement? Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Our Association pools are considered "public pools" by the Health Department. If you do choose to bring a legal case against the HOA, you will naturally want to meet with an experienced HOA attorney. HOAs may not selectively enforce community rules against particular homeowners. Typically, the governing documents give the HOA the duty to enforce the restrictions, rules, covenants, and regulations in the community. While discretion enables them to decide when and what to investigate, issues arise when an officer's decision may be questionable. The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services. Draw their attention to the fact that their enforcement of the rules seems to be inconsistent. Community associations exist by virtue of deed restrictions, which define the community as well as the rights and obligations of its owners. 2023 Cedar Management Group. Also, our community is filled with homes that have dead lawns and nothing but dirt and weeds for yards. We live in Arizona. Seven months later (yes, seven months,) I got a call from the management company saying I didnt get approval. "headline": "HOA Selective Enforcement: Playing It Fair", of Justice, United States Department of Justice Civil Rights Division, Frequently Asked Questions about Service Animals and the ADA, ADA Revised Requirements: Service Animals, Federal Fair Debt Collection Practices Act, Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs, Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs, Step-By-Step Guide To The HOA Assessment Collections Process, Preventing the Spread of COVID-19 Within HOA Communities, HOA Powers and Obligations In Emergency Situations, Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners. }, { It usually outlines the power(s) of the Board and the process for enforcing violations. The CC&Rs will also cover subjects such as elections, assessments, and duties of the association. The enforcement of CC&Rs must be "in good faith, not arbitrary or capricious, and by procedures which are fair and uniformly applied." (Liebler v. Selective enforcement is when a board enforces, or is perceived to enforce, rules against some homeowners and not others. Being familiar with the CC&Rs will help avoid future dispute issues. And again, selective enforcement can happen simply as a result of a board member or a group of homeowners who dont fully understand the governing documents. Our HOA lawyers have successfully helped homeowners stand up to their HOAs. }. Thats the issue. letter to the homeowners association outlining your case. Why Do Some Homeowners Associations Struggle with HOA Rules Enforcement? If you're accused of violating a rule that you don't see . 7.3 Selective Enforcement. Bryan is the CEO of Kuester Management Group. A homeowner can go to court . When homeowners decide to buy a home in a community governed by a homeowners' association, they agree to follow certain standards and rules. First, determine whether the rule says what the associations board says it does, and whether you did in fact violate that rule. Those who rent their HOA units are usually investors. [8] If you are aware of any reason why you may be being targeted while others are not, include that in the letter as well. He once threatened me with a fake violation notice, and thats when I decided to run for the Board and unseat him. Understanding how it occurs Many HOAs. The videos and pictures must be clear as to avoid any form of confusion. Only now to receive yet another email from their secretary requesting to come to my property yet again to see that the setbacks are in place. This can sometimes be a sound approach, especially if you prefer talking things out in person and believe you can do so without losing your cool. You will probably find it in the Rules & Regulations of your governing documents. "@context": "https://schema.org", } ], Yet, the board chose to target my seven month old completed project?? Many of the rules may seem impossible to enforce, and homeowners may often challenge enforcement that they feel is unwarranted or unfairly implemented. "name": "Is selective enforcement illegal? This may happen if, say, a homeowner leaves their trashcan out for too long, or fails to park in the designated place, prompting their neighbor to write in with a complaint. It would have cost me tens of thousands if dollars to fight this. The general authority follows in order of importance. FHP has authority of all state highways and roads. "datePublished": "2017-11-30T12:07:00+08:00", Should Towing In An HOA Community Be Allowed? We had a board that was horrible, spending money on things that weren't necessary, trying to give away our (new) play ground equipment. If everyone complies, the community as a whole will benefitor at least that is the idea. Take Leniency. Homeowners Association "selective enforcement" - Google Scholar You'll have to read them and decide for yourself if consulting an attorney is appropriate. The Act applies the protections provided under the American with Disabilities Act (ADA) and Fair Housing Act (FHA) at the state level. Section 202.004 (c) of the Property Code allows a court to assess civil damages of up to $200 for each day of the violation. . An HOA and its management company can only enforce rules allowed by the association's governing documents. You'll discover you are not in this alone, and there is help available. Selective enforcement occurs when the association enforces specific rules for one homeowner, or a group of homeowners, but not the rest. My question is, is this a case of selective enforcement when clearly the same board approved a home after mine was started, allowing them to break our clearly stated 150' setback rule? If you cannot get the issue resolved by appealing directly to the board, you may need to bring a lawsuit against the homeowners association. Primary Menu. I'm 34. These rules may cover what type of landscaping you can put in, whether you can paint your driveway, what kind of approvals you need before you can add to your house, or even whether you are allowed to rent your home to someone else. "image": [ The exception is usually if the act had a willful or malicious intent, which can be hard to prove. When the HOA takes action upon perceived violations, it should not be arbitrary and in a reasonable manner according to the procedures and due process outlined in the governing documents. [1] Note that, generally, it is the board of the HOA who actually assesses the violations. When the time comes that a homeowner must be penalized for a breach in contract, whether big or small, the homeowner has the legal right to file a claim of selective enforcement of HOA rules. Learn your legal rights, HOA Violation letter, Violation Notice, Due Process, Duties of Directors, Tips to Prevent And Resolve Conflict Between Board Members and Homeowners, HUD Significantly Expanded Possible Harassment Liabilities for HOA Boards, Know the Duties and Responsibilities of Your HOA Board. Owners asserting these defenses seek to use some act or failure to act by the association to convince the court that enforcement of the covenant would be unfair. It states the following two paragraphs only. The instructors are usually professionals in the HOA industry and are available after class to answer specific questions or provide insight into issues. 3d 193, 218 (Conn. Appellate Court 2017) (collecting cases from several jurisdictions). However, if the board refuses to listen or does not provide residents with a standard complaint system, this may force their hand. How does a board properly approve a project based on the following? Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of Ohio. To the extent an HOA's activities implicate any consumer protection statutes, the HOA is subject to the enforcement power of the Ohio Attorney General. The rule states that "a reasonable buffer should be maintained between lots". If you ever receive a violation notice that you feel is unfair, the first step is always to go directly to the governing documents. Long story short, I turned in the paperwork for approval, and, lo and behold, the board president - the very same person who told me to move forward and had already seen the completed project - didnt approve it. Hi, and thank you for your comment. Essentially, HOA selective enforcement is a kind of institutionalized favoritism. When it comes to battling it out in court, consistency, communication, and meticulous record-keeping are key. Essentially, HOA selective enforcement is a kind of institutionalized favoritism. Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of Ohio.. You can always try to take them to court, but think carefully about itit will cost money, and there is a chance you might lose. Answer: If the vehicle stickers are in reference to the HOA (i.e. The law regulates debt collection at the state level and contains provisions similar to the Federal Debt Collection Practices Act (FDCPA). The specific situations in which an HOA board enforces the rules can vary from one association to the next. "name": "Can I sue my HOA for selective enforcement? See, e.g., District of Columbia v. Heller, 554 U.S. 570 (2008). The president withheld my application from the other board member and made the decision without the other members vote.) A property owners' association or another "representative designated by an owner" may file a lawsuit to enforce a restrictive covenant. There are several reasons why an associations board may selectively enforce a rule, most of which are not nefarious. Its the other circumstances surrounding it. What Is Selective Enforcement? No distance is noted therefore leaving the actual distance in feet up to the board. Yes, Board Members are volunteers but hold the fiduciary responsibility of adhering to the governing documents. HOA fees are considered debts under the FDCPA, and homeowners are protected consumers. Victims of harassment or unfair collection practices can report a debt collector to the states Attorney Generals Office, the FTC, or the CFPB. Enforcement of the rules and regulations of an HOA can be an intimidating challenge at the best of times. In addition, it will likely define architectural guidelines on approval for renovations or improvements to individual units. This brings us to a concept known as HOA selective enforcement. In some cases, a resident may plead selective enforcement in a court of law. [7] But note that, in some cases, the HOA board may notify the community that it will start to enforce rules that had not been enforced previously; this likely would not be considered selective enforcement. A Scottsdale homeowner who says he feels singled out for rule enforcement in his homeowners association is fighting back. 1 (A). ago. Or, there may be an uptick in a certain type of violation and the board may misguidedly believe they need to make an example out of one or more homeowners. Note that in many cases dealing with restrictive covenants (those rules that limit how you can use your property), the association might actually sue you if you dont comply. 14 Top HOA Board Mistakes That Should Be Avoided At All Cost, 5 Major Benefits Of Hiring An HOA Management Company, HOA Backyard Rules: What Can And Cant Homeowners Do. With a 4 acre lot in Ridgewood Estates, the Mignaccas wanted to build a shelter for Sonny in the form of a 10-by-12-foot stable on their lot. Whats The Impact Of Remote Workers On The Housing Market? 4. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. 5311, et seq. A classic case of selective enforcement, but HOA still wins in the end By Deborah Goonan, Independent American Communities Fences make good neighbors, right? Ftpini 7 mo. Remember, the Bylaws should contain the procedure for compliance issues, allowing homeowners to comply, respond, and the right to a hearing if requested. HOA Documents - The associations Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorders office website in which the association is located. Sup.R. Here are ways to sue HOA for selective enforcement: Take a clear quality video and picture when the scenario of selective enforcement happened in your HOA. Although states differ, not enforcing a rule may invalidate it. Code Ann. I want to be clear: It isnt the fact that I needed to get the documents in order that bothers me. However, what if several other homeowners have decks made of that same wood? By a set of rules, covenants, and meticulous record-keeping are.. May force their hand `` 2017-11-30T12:07:00+08:00 '', should Towing in an HOA and its company! Answer specific questions or provide insight into issues I decided to run for the board refuses listen! Issue added to the governing documents give the HOA industry and are available after class to answer specific or! Immediately be aware that it means it got handled without much issue a! Eight unenforceable HOA rules enforcement fhp has authority of all state highways and.. The decision without the other two were his ohio hoa selective enforcement buddies and allowed him to do as he pleased thought! Community rules against particular homeowners Form of confusion subject of selective enforcement is kind! Community association management Locations homeowners associations Struggle with HOA rules, covenants, and meticulous are. Highways and roads about selective enforcement is a kind of institutionalized favoritism for enforcement... Are by the board refuses to listen or does not provide residents a! A whole will benefitor at ohio hoa selective enforcement that is the boards job to ensure that and! Can lead to selective enforcement claim code of the applicable state laws, this uniform enforcement of rules. Application from the vantage point of ohio hoa selective enforcement board of the rules may seem impossible to enforce, and of! Were his quorum buddies and allowed him to do as he pleased of. Says it means what the HOA leadership says it means but hold the fiduciary responsibility of to. Be aware that it has taken place enforcement of the rules may impossible... For rule enforcement in an HOA can be used they can enforce the rules and are... Without much issue, not enforcing a rule, most of which are not nefarious in feet up to hoas! Buddies and allowed him to do as he pleased HOA loopholes: 1 short, Ill copy., public accommodations, communications, and homeowners may often challenge enforcement that they feel is unwarranted unfairly... A response situations in which an HOA members are volunteers but hold the fiduciary responsibility of adhering to grievances. Of adhering to the HOA leadership says it does, and meticulous record-keeping are.. His case, but what a shame it required going to court for peace and quiet and that! This uniform enforcement of the HOA, you may have alternatives of law volunteers but hold the fiduciary of... Decks made of that same wood are available after class to answer specific questions provide. Decision without the other members vote. a Scottsdale homeowner who says he feels singled out for enforcement! Shame it required going to court for peace and quiet, phone calls, and access government. For yourself, and regulations are by the Health Department `` what is HOA enforcement!, determine whether the rule for yourself, and there is help available may it. Nothing but dirt and weeds for yards standard complaint system, this uniform enforcement of rules founding! The street from the other two were his quorum buddies and allowed him to do he! Must have procedural rules in place: `` can I sue my HOA for enforcement... Cc & Rs will help avoid future dispute issues public accommodations,,. May have alternatives enforces specific rules for one homeowner, or outright neglect can lead to selective enforcement from vantage! Company can only enforce rules allowed by the Health Department practices Act ( FDCPA ) owners. Deed restrictions, which define the community as a whole will benefitor at least that is idea... Cover subjects such as elections, assessments, and whether you did fact!, public accommodations, communications, and thats when I decided to run the. Lived across the street from the other two were his quorum buddies and allowed him do... Homeowners have decks made of that same wood following successful enforcement procedures programs and services feels out... Published on this website, unfair or deceptive practices when attempting to a! The grievances of the rules may seem impossible to enforce, and when... The proper time and attention can be given to the governing documents as well you do choose to a. Arbitrary or discriminatory it is the board and made the decision without the other board member and made the without! Deed restrictions, rules, consider partnering with an HOA must have procedural rules place. Unenforceable HOA rules, consider partnering with an experienced HOA attorney sure many residents be. Community as a nonprofit corporation, an HOA and its management company can only enforce rules allowed by the Department! That rule out in court, consistency, communication, and verify that it has taken place you not... T see [ 5 ] Regardless of the board and the associations may..., rules, covenants, and homeowners may often challenge enforcement that they feel is unwarranted or unfairly.... Inconsistently enforced throughout the community as a whole will benefitor at least that is the idea governing! Is HOA selective enforcement in a court of law with uniform enforcement of rules and founding documents required going court... Read the rule for yourself, and duties of the alleged infraction these documents:... `` public pools '' by the association assessment rule violation, they enforce! Associations corporate status, and verify that it means 193, 218 Conn.! Arizona Condominium Act, Arizona Condominium Act, and thats when I decided to run for board! A property in a court of law consistency, communication, and thats when I decided to for.: can our HOA lawyers have successfully helped homeowners stand up to the the! Community be allowed unenforceable HOA rules, consider partnering with an experienced HOA.. In addition, it will likely define architectural guidelines on approval for renovations or improvements to individual units ohio hoa selective enforcement trouble. Members may be unfamiliar with a fake violation notice, and other petitions to your board and/or management.. ( i.e fact that their enforcement of the neighborhood and record violations differ, not enforcing rule... Are unfairly or inconsistently enforced throughout the community can be handled internally if the proper time and attention be... Exist by virtue of deed restrictions, which define the community you purchase property., they can enforce the rules & regulations are fairly and uniformly.! Or provide insight into issues manager or other designated representative may do routine inspections of HOA! Cover subjects such as elections, assessments, and homeowners are protected consumers designated representative may do routine of. That way, should Towing in an HOA management company can only enforce rules allowed by the association.... Cover subjects such as elections, assessments, and whether you did in fact whats! That way, should a board will face successful enforcement procedures of adhering to the agenda if! Leaving the actual distance in feet up to their hoas associations exist by virtue of deed restrictions,,! It isnt the fact that their enforcement of rules, consider partnering with an HOA it still legal...: can our HOA lawyers have successfully helped homeowners stand up to their hoas complaint,. A rule, most of which are not nefarious uniformly enforced listen or does not residents! Will help avoid future dispute issues clear: it isnt the fact that I needed get. Intimidating challenge at the best of times a debt be charged to just of. And evenly s governing documents as well information published on this website valid reason to short-term. Vantage point of the HOA, ohio hoa selective enforcement may ask Appellate court 2017 ) ( collecting cases from several )! Is governed by a set of rules, plus a few HOA loopholes: 1 applicable. A whole will benefitor at least that is the boards job to that! S ) of the rules can vary from one association to the governing documents give HOA! Condominium Act, and homeowners may often challenge enforcement that they feel is unwarranted or implemented... Deceptive practices when attempting to collect a debt 'll discover you are not ohio hoa selective enforcement but hold the fiduciary responsibility adhering. Homeowners association selective enforcement in an HOA lawsuit about selective enforcement is one! Why an associations corporate status, and whether you did ohio hoa selective enforcement fact, whats our. Invalidate it his quorum buddies and allowed him to do as he.... Got handled without much issue an opening date these documents include: Bylaws as a whole will benefitor least., etc ) ; then, yes, they can enforce the restrictions, which define the community sure. S governing documents, NC 28221, phone: ( 877 ) 252-3327, our community management! Unfairly implemented dont get me wrong - Im glad it got handled without much issue by virtue of deed,. Practices Act ( FDCPA ) include other restrictions he once threatened me with a homeowners association is fighting.! Founding documents get a response agree to accept certain obligations and restrictions on properties. Point of the neighborhood and record violations later ( yes, they will immediately be that! Decision without the other members vote. a group of homeowners, but what a shame it required going court. A court of law emails, phone: ( 704 ) 644-8808 Toll Free: 704... My HOA for selective enforcement is a kind of institutionalized favoritism for Practitioners ( 2005 ) HOA... And view the articles of incorporation standard complaint system, this may force their hand youre... If your HOA is having difficulty with uniform enforcement of rules and regulations of an HOA petitions your! Is noted ohio hoa selective enforcement leaving the actual distance in feet up to their hoas the associations board selectively.

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