Written by Caitlyn Vanover
A Subdivided Subdivision – The Cost of Collection and Restriction Enforcement
Serving as a subdivision trustee is often a thankless job. Trustees are tasked with upholding subdivision rules, collecting assessments, and enforcing restrictions—all of which can put them in the difficult position of holding neighbors, friends, and even family members accountable. The emotional strain of these responsibilities is frequently underestimated, yet it plays a significant role in managing assessment disputes and restriction violations.
The Challenges of Enforcement
Enforcing subdivision restrictions and collecting unpaid assessments can create tension within the community. Homeowners may see enforcement actions as personal rather than procedural, leading to strained relationships and even hostility. While trustees have a duty to uphold the subdivision’s governing documents, navigating these disputes with sensitivity is essential to maintaining community harmony.
The Role of Legal Counsel
Given the potential for emotional and social fallout, subdivision trustees should seek legal guidance when pursuing assessments or restriction enforcement. An attorney experienced in subdivision governance understands not only the legal framework but also the human dynamics at play. They can help trustees:
- Properly document violations and assessment delinquencies
- Communicate effectively with homeowners
- Pursue enforcement actions while minimizing community conflict
- Ensure compliance with all relevant laws and governing documents
By taking a measured and professional approach, legal counsel can help trustees enforce rules while minimizing conflict and fostering constructive resolutions.
Balancing Community Interests
Ultimately, the goal of a subdivision’s restrictions and assessments is to preserve property values and the integrity of the community. Trustees must balance fairness with practicality, ensuring that enforcement efforts are consistent and legally sound. With the right legal support, trustees can fulfill their duties effectively while mitigating unnecessary disputes. While trustees must enforce the rules, they should also strive for fairness and consistency. Selective enforcement or overly aggressive tactics can lead to disputes and potential legal challenges. Clear communication, transparency, and the involvement of legal counsel can help ensure that enforcement actions are both effective and equitable.
Conclusion
Subdivision governance is not just about rules and regulations—it’s about people. Handling assessment collections and restriction enforcement with care can make a significant difference in preserving both legal standing and neighborly relationships. If you are a trustee facing difficult enforcement decisions, consulting an attorney can help you navigate the process with professionalism and sensitivity.
