The problem comes up if the board is making radical changes. In that case, it’s advisable to have the members vote on the changes.
I cannot tell you the degree of change that would require a vote by members. I would suggest that if a board wants to change or replace a common element and the replacement could be in question as to the degree of change, the board needs to seek legal guidance.
Boards cannot fine violators unless the documents allow fines. The enforcement of fines requires a strict fining policy. That is another question and I will not go into it today.
But what you’re asking is if they can use association funds to pay legal fees for attorney enforcement or court enforcement. The answer is, yes, they can spend association funds to legally enforce the rules.
My question to you is what kind of phraseology would you suggest I use to try to get the board to do their job? I do not want to start a lawsuit over this.
If your board is not enforcing the rules, then you must attack this problem. You need to put the board on notice of its shortcomings. You do not do this by calling or talking to directors but putting your concerns in writing and mailing it to the board.
I would also suggest that you talk to your neighbors and seek their help to force the board to enforce the rules. The short answer is to elect directors that will enforce the rules and regulations.
M.F., Jensen Beach