More on the HOA rules and regs

Regarding the article, "HOA rules come under attack," I would like to commend Ms. Sophia Fischer for her fairly balanced report of the issue of playing in the common areas of Country Vistas III. As an active member of Community Association Institute, business owner and former resident and board member of CVIII, I would like to share some additional comments with your readers.

For many people, living in a community association is a preferred way of life. The concept of sharing ownership and use of amenities of a community has a lot of appeal. It affords people to have a better quality of life that they may not be able to afford on their own. With that shared ownership interest come rights and responsibilities that unfortunately are many times not considered at the time of purchase and then argued against when these responsibilities are enforced.

It is the fiduciary duty of a board of directors to enforce the governing documents just as it is the duty of the owner to abide by them. It is also the duty of the board to create rules that safeguard the residents and reduce risk and liability to its members.

Country Vistas III is not the only community that does not allow playing in the common areas. I bet if Ms. Fischer had checked around she would find most communities don't allow it for the reasons discussed in the article.

The right to "quiet enjoyment" is not a rule the board made up some years ago. It is a right found in the Conditions, Covenants and Restrictions of just about every association formed under the Davis Sterling Common Interest Development Act. It means the right to enjoy one's property without interference. In other words, that people have the right to live undisturbed. When people choose to live in an HOA there is an expectation that the rules of the community will be abided by its members and that the board will enforce those rules if necessary.

It is unrealistic to think that people will police themselves as the article states. My experience is that people don't like to confront their neighbors when there is a problem. Who is going to walk up to their neighbor and say, "Hey, your kid is being a nuisance"?

The final point I'd like to make is that rules in a community must be reasonable. It is not unreasonable for an HOA to not allow recreational playing in the common areas. It serves the greater good. What is unreasonable is for residents to think that the rules shouldn't apply to them. Jill Van Zeebroeck Malibu