Board stops enforcing the Bylaws?

We hear from those that attend Board meetings that the Board has stopped enforcing the Bylaws because they now realize they have no authority to fine homeowners. This is inexcusable — it amounts to a unilateral surrender of their fiduciary duty.

Past Boards found lawful ways to enforce the Bylaws without resorting to fines.

For example, if the outside mailbox is in violation of the Bylaws, the Board can give notice of violation to the homeowner and state the consequences.

In this instance, the consequence could be having a contractor remove the mailbox, leave it at the owners entrance, repair the wall if needed, and the Association would bill the homeowner. Bills not paid would eventually become a lien on the property or turned over to collectors.

The Board has been pretty creative when it comes to roof colors (we understand that homeowners weren't clamoring for a change, and the paint job cost double what it cost in the past*). Surely, it can come up with creative ways to enforce the Bylaws — past Boards did it.

*If this is incorrect, send us documentation with the correct figures.