YES, this applies to our Quail Creek HOA!
Dr. Clayton Christensen highlights (in this short (1:39) video) the catalytic impact of religion in America to provide order. He argues that as Americans abandon their faith, so too is the rule of law.
As in society today, most in our neighborhood abide by the “Covenants” voluntarily, not for fear of a Board that may enforce, but because their faith drives them to live in ways that demonstrates love & respect to neighbors.
Quail Creek’s system of governance by a Board comprised of neighbors, elected by neighbors, is established on the expectations that homeowners desire to live within the constraints of established written guidelines, memorialized formally at closing, by signing a “covenant,” or promise. When it comes to these agreed and established guidelines then, the fundamental purpose of a governing body is simply to hold one another accountable to promises made, not to deny or suppress the rights of anyone.
For a Board to deny a person’s rights would mean that the homeowner never signed the governing instruments. That someone may not have read, or fully understood the promises made upon signing is inconsequential to their responsibility to abide by the guidelines. Therefore, when it violates its fiduciary duties by failing to uphold the governing documents, the Board denies and suppresses the rights of the majority in favor of the minority.
Following the logic of Dr. Christensen, that someone may insinuate that a governing instrument of the Association is somehow invalid &/or unenforceable, or argue that others are not held to account, would make little difference to a person of faith as a promise made is a promise kept.
Despite Christensen’s assertion that faith makes a difference in voluntary conformity of law, or in our case, “restrictions,” people of faith can still act defiantly by disregarding their promises made. Whenever this happens, a homeowner is exhibiting disrespect and contempt to neighbors and for the guidelines that they committed to uphold. Greater still, disregard for these promises can often communicate a great deal about a person’s faith or belief in, and about, God.