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Subject: HOA Violations/Fines
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Author Messages
AmyG5
(North Carolina)

Posts:13


04/29/2012 6:56 AM  
The board recently sent out letters to all homeowners stating that homeowners would begin to be fined (date fines start is mid May) $10 per day per violation for such things as birdfeeders and garden flags. Is this "legal"? Can the board just start adding these fines to homeownwers monthly dues? (Property is located in No. Carolina)
JohnC46
(South Carolina)

Posts:7767


04/29/2012 7:18 AM  
Amy

If the BOD can cite a regulation violation then it is more then likely well within their power to fine for such violations.

Even if they did not enforce/fine for such in the past, if they have the power to do so then they have the power to start now. Ignoring regulations does not make them go away.

My suggestion to you is correct the violations and move on.

Hope this helps.



AmyG5
(North Carolina)

Posts:13


04/29/2012 7:34 AM  
How do I know if we are really in violation? I read thru the bylaws and I do not see these items mentioned. The board typed up a document/signed and left a copy at each units door. I am not sure if the board should have held a meeting w/homeowners to see if we all agreed to. Is there any procedure that needs to be followed by the board? Thanks.
GlenL
(Ohio)

Posts:5491


04/29/2012 8:18 AM  
You need to read all of your documents closely not just the bylaws. The covenants are typically where you will find what is prohibited and give the Board the power to levy fines. You also need to read the North Carolina HOA or Condo (whichever you are) statutes as they may give the Board the power to fine if your CC&R's don't.

Studies show that 5 out of 4 people have problems with fractions
AmyG5
(North Carolina)

Posts:13


04/29/2012 8:22 AM  
There is nothing in any of the paperwork I have stating that the board can fine "at will". According to NC Condo Act there are certain procedures which need to be followed prior to levying fines, but the board is ignoring. What recource is there?
JohnC46
(South Carolina)

Posts:7767


04/29/2012 9:07 AM  
Amy

As I read your posts the BOD is not starting fines but has sent a letter aying they will start. They do have the right as per below NC Staatue which outlines the procedure.

Please read the first sentence more then once. As I read it, it says the below statue does not apply if there already is a specific fining procedure as part of your declaration. To put it another way it says if your docs have a fining procedure, that procedure supercedes the NC Statue.

Of course, I could be wrong.

North Carolina General Statutes § 47C-3-107.1

Procedures for fines and suspension of condominium privileges or services

Unless a specific procedure for the imposition of fines or suspension of condominium privileges or services is provided for in the declaration, a hearing shall be held before the executive board or an adjudicatory panel appointed by the executive board to determine if any unit owner should be fined or if condominium privileges or services should be suspended pursuant to the powers granted to the association in G.S. 47C 3 102(11). Any adjudicatory panel appointed by the executive board shall be composed of members of the association who are not officers of the association or members of the executive board. The unit owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision. If it is decided that a fine should be imposed, a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation and without further hearing, for each day more than five days after the decision that the violation occurs. Such fines shall be assessments secured by liens under G.S. 47C 3 116. If it is decided that a suspension of condominium privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured. A unit owner may appeal a decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of the decision. The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body. (1985 (Reg. Sess., 1986), c. 877, s. 1; 1997 456, s. 27; 2005 422, s. 14.)
Sections: Previous 47C-3-101 47C-3-102 47C-3-103 47C-3-104 47C-3-105 47C-3-106 47C-3-107 47C-3-107.1 47C-3-108 47C-3-109 47C-3-110 47C-3-111 47C-3-112 47C-3-113 47C-3-114 Next
Last modified: March 28, 2010

END



AmyG5
(North Carolina)

Posts:13


04/29/2012 9:18 AM  
If i am reading this correctly a meeting would need to be held prior to levying fines. The board is not having a meeting-just will start the fine on May 15th. Can they do that? Thanks for the info.
MelissaP1
(Alabama)

Posts:7664


04/29/2012 12:06 PM  
There needs to be a fining schedule setup and given/agreed to by the members. A HOA may be able to fine IF it is defined and agred to by the members...Keep in mind in most states fines can NOT be used for liens/foreclosures. So NOT paying a fine does not equal losing a home for it...It's more like speeding tickets...

Former HOA President
JohnC46
(South Carolina)

Posts:7767


04/29/2012 1:21 PM  
Posted By AmyG5 on 04/29/2012 9:18 AM
If i am reading this correctly a meeting would need to be held prior to levying fines. The board is not having a meeting-just will start the fine on May 15th. Can they do that? Thanks for the info.




Amy

We read it different:

"""""Unless a specific procedure for the imposition of fines or suspension of condominium privileges or services is provided for in the declaration, a hearing shall be held before the executive board or an adjudicatory panel appointed by the executive board to determine....balance omitted....********

I say the above intro means if your docs already have a fining procedure in place then they can go with their fining procedure, not the way the statue says to go.

It is like saying we are going to tell you how to do so and so but if you already have a procedure in place for doing so and so, then you can ignore how we tell you to do such.

Thus the question is do your docs have a fining procedure in place, no matter how vague?

You have not been fined. The letter is simply a warning shot fired over your bow.

Hope this helps.



AmyG5
(North Carolina)

Posts:13


04/29/2012 3:36 PM  
No where in the documents that I have is there a fining procedure.

So doesn't that mean a hearing would need to held in accordance w/the "NC Condo Act"?

AmyG5
(North Carolina)

Posts:13


04/29/2012 3:41 PM  
Thanks for the info. Do you know how I would find out what applies in No. Carolina in regards to a lien if I do not pay the fine? (they will amount to near $1000/month)
JohnC46
(South Carolina)

Posts:7767


04/29/2012 3:54 PM  
Amy

I do not have a copy of your docs nor am I a lawyer so I cannot intelligently answer your question (many lawyers also could not), but another subject.

Allow me to ask a simple question. What is it they are specifically going to fine you for that has your panties in a wad?

An additional question. Where does the $1K per month amount come from?

Thanks







AmyG5
(North Carolina)

Posts:13


04/29/2012 4:04 PM  
birdfeeder, garden flag, violation for storage closet usage, co-owner of chair/table at building entrance (we have a covered vestibule before the door to the building). These are just the things I know about. Fine is $10 per day per violation. I have lived here for 6 years and these things have never been an issue. I also served on the board for 3 years. The new board sent notice to all units saying that these are all violations.
JoyceR2
(Virginia)

Posts:128


06/13/2018 10:18 AM  
Old thread, but will try to get a response. Any words of wisdom/experience on birdfeeder rules & regulations, concerns in multi-family communities hanging from upper decks?

Thanks!
KerryL1
(California)

Posts:5760


06/14/2018 1:07 PM  
Start a new thread, Joye, some of us would rather not scroll all the way to a new post on an old thread.
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