CC&R Enforcement Updates

While inspections of private property for determining compliance with the Covenants, Codes and Restrictions (CC&Rs) have traditionally occurred intermittently in our community, the Board of Directors recently received legal guidance that a more formal process of periodic compliance inspections is necessary.    At its September 12, 2022 meeting, the Board approved by an 8-0 vote the following “Statement of Intent” to adopt a regular CC&R compliance inspection process.

“It is the intent of the Foothills Clusters Homeowners Association to maintain a program of periodic inspections of property subject to our Covenants, Codes and Restrictions (CC&Rs) for the purpose of determining compliance.  The inspection frequency shall be at least semi-annually and shall be performed or directed by a Compliance and Enforcement Committee consisting of 3-5 members appointed by the Board of Directors, a majority of whom shall be members of the Board of Directors.  The Compliance and Enforcement Committee shall be responsible for carrying our the Compliance Inspection Policy and the Enforcement Policies of the FCHOA under the direction of the Board of Directors.”

Enforcing the CC&Rs is an essential part of maintaining the community aesthetics and privacy that guided our choice to reside in the Foothills Clusters.  The Compliance Inspection Policy referred to in the Statement of Intent will seek to promote fair and consistent enforcement while protecting the greatest possible individuality for homeowners as they manage their own property.

The Policy, which is in the very early stages of development, will be presented and discussed at future Board meetings. The Board is committed to giving residents ample opportunity to provide comments and suggestions on the policy to enhance its effectiveness and ensure that it represents the values of our community.  More details about the Policy and the  process for review and comment will be posted here in future weeks.

You are encouraged to send your questions and comments about the prospective policy to CC&R.Chair@FoothillsClusters.com.