Condo Adviser: If board members won’t enforce rules, elect new ones who will
By Howard Dakoff
Published on March 15, 2026.
The Condo Adviser has asked readers to vote for new board members in their community associations to enforce rules and regulations over the past decade. These boards of directors, or community associations, have been accused of failing to enforce these rules. The first step is to remind the board of directors of their fiduciary obligations to enforce the governing documents and list examples of alleged shortcomings. A lawsuit could be filed for declaratory relief seeking a court order to enforce this, but legal action is limited to levying fines for violations of the governing document or seeking a judicial sale of the unit. A new rule has been implemented by the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) to require reporting to FinCEN of certain residential real estate transfers to entities not financed that are exempt.
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