💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ReneeD (Illinois)
Posts: 201
Posted:
Subject: Fining Policy POSTS

So, if I am understanding you correctly, there is no mention in either our governing documents concerning Fining but, our Homeowner Rules and Regulations mentions that they can. IMO, this would be a conflict as our CCR's supercede Homeowner Rules and Regulations? Your thoughts? -ReneeD

RogerB (Colorado)
Posts: 5,067
Posted:
Renee, do your CC&Rs provide for establishing Rules and Regulations? If so, then make sure the R&Rs are reasonable.
ReneeD (Illinois)
Posts: 201
Posted:
Roger,

Yes, our Bylaws do mention that the Board shall have all the powers and duties granted to it or imposed upon it by the Declaration, these By-Laws, and the Illinois General Not-For-Profit Corporation Act one of which says "to adopt rules and regulations as provided in the Declaration." Our Declarations refer to reasonable rules and regulations.

BUT, imo, for the Board to adopt and enforce reasonable rules and regulations, one would think that any new/revision of rules would be presented to the membership for their input or vote which has never happened. In all the years I've lived here, the Board operated under the assumption that if any rules were changed --sometimes after the fact--and, if the BOD did not hear back from any homeowners or if it wasn't challenged, they interpreted it as we had no objections. It has now gotten to a point where a lot of us homeowners are being slapped left to right with fines and we are beginning to think our BOD is doing this to generate a source of added revenue instead of looking into why these violations are occuring in the first place.

On a separate note, the other thing that is messed up about all of this is that we were told by management and certain board members agreed that fines not paid are included on the same list reflecting unpaid late fees. Personally, I don't think that is correct.

-ReneeD
HaroldS1 (Arizona)
Posts: 314
Posted:
If you have unpaid contested fines, and you make assessment payments, be sure the payment is applied against the assessment and not against fines, interest, late charges, etc. If your assessment goes unpaid as a result, they can foreclose on your property. Some states (like Arizona) have laws requiring any payment received be first applied to outstanding assessments, and, if any, remaining payment can be applied to other charges in a descending order. This is very important. Harold
GloriaM (North Carolina)
Posts: 829
Posted:
Renee:

If your state allows for fining then your state laws would supercede.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
ReneeD:
You do state that your community has Homeowner Rules and Regulations and that your Bylaws do allow the Board to 'adopt rules and regulations...'. It appears that in the past, an Exec. Board did just that.
It is not necessary for the Board to adopt R&R based on member vote unless your documents state this is the process which must be followed. It is common practice for an Exec. Board to adopt R&R without member vote; however, the R&R are provided to clarify, expand, or make clear what the CC&Rs already state.

You also express concern over "...a lot of us homeowners are being slapped left to right with fines and we are beginning to think our BOD is doing this to generate a source of added revenue instead of looking into why these violations are occuring in the first place..." In order for the ARC Committee or Exec.Board to fine anyone, there must be proof that a violation has occurred which is against the documents (CC&R, R&R); however, the fining process should be followed as it's stated in your CC&R.

Further, your concern with "...management and certain board members agreed that fines not paid are included on the same list reflecting unpaid late fees. Personally, I don't think that is correct." Again, you must refer to your documents for the procedure on fining; usually a fine is levied after proof, at a hearing, that a violation has occurred and has not been righted within a certain time period. So, if it has been proven that a fine is warranted, and it has not been paid, it would be considered in arrears and treated accordingly.

Why do you think there are so many fines being issued? Are your documents not clear on restrictions?

PatH4 (Arizona)
Posts: 17
Posted:
Renee,

A Board of Directors or Management company CANNOT make a Rule or Regulation addressing a non existent subject in your governing documents.

If your governing documents do not address FINES there can be no rule/regulation.

Ask yourself, what good are the governing documents that take a VOTE OF THE PEOPLE to change if the Board at their whim can change anything in them?

Pat
Jadedone4 (Virginia)
Posts: 495
Posted:
PatH4, I disagree with your statement that a board cannot promulgate rules and regulations on subjects which the governing documents do not mention specifically.

Most (not saying all) governing documents incorporate specific powers of the board to issues rules and regulations, with regards to the community. Also there are certain structures/guidelines which the board must adhere to when doing so.

If the governing documents are silent on "fines" a resolution can be drafted, voted and approved by the board, so as long as it does not violate federal, state, local, (and since they are silent).. governing documents.

I do not believe that governing documents are drafted to be "omnipotent" with regards to every power as prescribed to a board, or every rule/regulation for the community - there is usually a healthy balance between what can be done, and (important) "how" it should be accomplished (board resolution, majority votes, etc).
GlenL (Ohio)
Posts: 5,491
Posted:
Harold is right about checking how the fines are credited; this is one change of Ohio's law that I do not agree with. However before a BOD can slap a homeowner with a fine they must have a hearing

Application of Assessments The Association shall credit payments made by a Unit Owner in the following order of priority:

(A) First, to interest owed to the Association;

(B) Second, to administrative late fees owed to the Association;

(C) Third, to collection costs, attorney’s fees, and paralegal fees incurred by the Association; and

(D) Fourth, to the principal amounts the Unit Owner owes to the Association for the common expenses or Enforcement Assessments chargeable against the Unit.

To impose reasonable Enforcement Assessments for violations of the Declaration, the By Laws, and the rules of the Association and reasonable Charges for Damage to the Common Elements or other property.

Prior to imposing a Charge for Damages or an Enforcement Assessment pursuant to this Section, the Board of Directors shall give the Unit Owner a written notice that includes all of the follow-ing:

(1) A description of the property damage or violation;

(2) The amount of the proposed Charge or Assessment,

(3) A statement that the Owner has a right to a hearing before the Board of Directors to contest the proposed Charge or Assessment;

(4) A statement setting forth the procedures to request a hearing pursuant to this Section.

To request a hearing, an Owner shall deliver a written notice to the Board of Directors not later than the tenth day after receiving the notice from the Board required by this Section. If the Owner fails to make a timely request for a hearing, the right to that hearing is waived, and the Board may immediately impose a Charge for Damages or an Enforcement Assessment pursuant to this Section.
If a Unit Owner requests a hearing, at least seven days prior to the hearing, the Board of Directors shall provide the Unit Owner with a written notice that includes the date, time, and location of the hearing.

The Board of Directors shall not levy a Charge or Assessment before holding any hearing requested pursuant to this Section.

The Unit Owners, through the Board of Directors, may allow a reasonable time to cure a violation described in this Section before imposing a Charge or Assessment.

Within thirty days following a hearing at which the Board of Directors imposes a Charge or Assessment, the Association shall deliver a written notice of the Charge or Assessment to the Unit Owner.

Any written notice that this Section requires shall be delivered to the Unit Owner or any occupant of the Unit by personal delivery, by certified mail, return receipt requested, or by regular mail.

Studies show that 5 out of 4 people have problems with fractions
DavidH4 (South Carolina)
Posts: 35
Posted:
In our Association, the BOD has to approve the fine before the Management Company issues the notice. The owner has the right to appeal the fine to the Covenants Committee who has the final word whether to approve or disapprove the fine.
SheilaM2 (Florida)
Posts: 10
Posted:
According to the statutes the board can set up a fining committee of at least three people. Once can set up a hearing before the fining committee. If you are in Florida check out the Statute 720 on fining.
PatH4 (Arizona)
Posts: 17
Posted:
Jadedone4,

You can disagree if you like but if a Board is making Rules and Regulations that do not require approval and vote of the homeowners and the subject issue is not addressed in the Governing Documents then the Board CANNOT do that.

And just for good measure, the rules and regulations if used against a homeowner would not stand up in court.

Pat
RogerB (Colorado)
Posts: 5,067
Posted:
Pat, most CC&Rs provide for establishing Rules and Regulations. And good By-laws will provide for establishing R&Rs by the Board or by the members. So often the Board does have the authority to establish R&Rs as stated by Jadedone. And if the R&Rs are reasonable they will stand up in court. Meanwhile, restrictions in the CC&Rs carry much more weight in court than if they are in the R&Rs.
SidneyP (Florida)
Posts: 302
Posted:
It appears from most post that the BOD's can establish "rules and regulations" w/o the approval of it's members. That they can also place fines. What I would like to know is, doesn't the BOD's at least have to inform it's members about the fines and what the fine will be and how they are imposed? Our CC&R's do say the BOD's can fine but that's all it says....I feel we should be told exactly how the fine process works. Right or wrong?
RogerB (Colorado)
Posts: 5,067
Posted:
Sidney, I recommend that when Rules and Regulations are established (and changed) that written notice be mailed to every member well in advance of initiating the Rule. This includes exactly how the fine process works. I have previously provided examples which you can view by using the "search" shown above.
StephanieB3 (Georgia)
Posts: 29
Posted:
It seems that the only people that would be complaining about fines are thoses that are in violation. The BOD's only agenda is to maintain a level of standard that will ultimately keep property values high. If you are in violation, then apparently you are doing something that is not for the good of the whole community. What you do with the exterior of your property affects your neighbors. So, what is it that you are being fined for?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I tried to keep out of this discussion. However, the point seems to be missed that fines are NOT allowed to be part of liens or foreclosures in MOST states. Which means that a member can gather lot's of fines but ultimately NOT have to pay any of them. Their dues money can't be applied to paying the fines either. Fines would have to stay in a separate account/balance. My opinion why charge fines if you can't legally enforce them and make pay up? Paying fines comes down to the member agreeing to pay those fines and coming into conformance but they technically don't have to pay up.

I am EXTREMELY hesitant in realeasing this information. I don't like letting people know that paying fines can be an option and not a requirement. NOT saying that some states or HOA rules don't make it mandatory to pay fines, but if the issue went to court, the HOA may NOT be the stronger party. An angry homeowner who's received an anormous amount of fines isn't going to pay up without a fight. If your HOA is in a state or has no fine enforcement allowances, you may want to heed this advice below. Otherwise, the other posters do have good advice and suggestions.

IF your HOA is in a state where fines can NOT be used as the basis of liens or foreclosures, you do have other options. (This option is available to most other HOA's as well). Let's say you have a resident who painted their house "Purple". The HOA requires BOD approval before painting and ONLY pre-approved colors. This owner failed to do both. The HOA should send the owner a letter of notification of the violation and request a meeting. This letter should also include the options the member has. 1. The owner could repaint the house after going through the proper approval process. (This is the peaceful resolution). 2. (Instead of fining) The HOA could hire a painting contractor of their choice and rate, to paint the house the right color and send the owner the bill. If the owner doesn't pay this bill, that then can be used for the basis of a lien.

Basically, a HOA needs to use it's "teeth". Fines are not typically the "Teeth" of a HOA. It is liens/foreclosures that are. If someone is in violation of the rules that cost money to fix it, then it has to be turned into a "lienable" situation instead. That's because liens are much stronger and more enforceable. Fines just make people mad and rarely pay them without leaving. If a owner who's been fined alot decides to sell and move, the HOA can't assign the fines to the new purchaser. The HOA also can't chase the person down and force them to pay the fines. They can if they have a judgement or a lien, but NOT if it's just an additional charge.

Keep in mind that damages are different than fines. If someone damages HOA property, you don't fine them for the violation. You send them a BILL for the repair. That repair bill is lienable. A fine out of punishment isn't. For example you can't fine someone for $25 for entering the pool area without approval and make it stick. You can charge them for any damages they have done while in the pool area unapproved.

Enforcing rules on owners in a HOA is tricky and not easy. It's usually a battle that no one wants to be part of but wants all the action in the world done about it. Fines sound good and are simple solutions to simple situations. However, when has there ever been a simple problem in a HOA?

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Melissa:

You said fines are not enforceable or lienable in most states? Which ones are those? To the best of my knowledge in most states judgements are lienable. So fines are teeth that is needed.

How is damages lienable? You can't do that without a court judgement, that is all they would need to do with fines is get a court judgement.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Brad, your putting the horse before the cart here. You mention "judgements" are lienable. You don't get a "judgement" until you go to court. A lien is also considered a "Judgement". They dont' require the court appearance and applications that a small claims has.

How are damages lienable and fines not? Damages are that, damages. If the HOA has to pay for an item to be repaired or replaced back to the original condition, that is a cost the HOA would never had to incur IF the item had never been lost or damaged. There is proof of damages by receipts. A fine is NOT the same. A fine pertains to if a person does NOT comply to such and such rule or clean up, they will receive a punishment of $25 (?) a day or some other punitive cost. There are no real "damages" to the HOA as they did NOT pay to correct any situation. They just charged an ammount above the normal dues collection to correct a situation.

The court looks at cases involving fines and/or damages along the same lines. The court can ONLY make the HOA "Whole". The judgement stays around the cost of replacement and court costs if the situation never had occurred. Fines are more "Punitive" damages than real damages. Fines are more income while damages is a loss of income.

If the HOA really wanted to enforce the fines, they may have to go to court to get the judgement required for the lien or income garnishment. However, the HOA may lose the case. It's a bit more riskier case. If I were a HOA, I would make sure my case was strong and I could win. Having receipts and making the fine into damages instead is a much much stronger case that it could win.

Former HOA President
DavidH4 (South Carolina)
Posts: 35
Posted:
Melissa, I'm not real sure what you are talking about. If a Board or Association issues fines, and they go unpaid, it can be taken to court and a judgement issued against the property. They may not pay the fines, but they will not be able to sell the property until the judgement is settled, ie; liens paid.
StephanieB3 (Georgia)
Posts: 29
Posted:
The point is, if the Covenants say that you can be fined and you are fined then you have to pay or face legal action. Even though the fines are a civil court matter, every homeowner, at least in our community, signs a statement at the closing table that they have received, read and agree to the MANDATORY Covenant. If a resident who is in violation wants to fight it, it's only a matter of the HOA reminding the court that the homeowner AGREED to abide by the Covenant or pay the fine. If residents don't like the CC&R's than they shouldn't have decided to live in a place where they would have to obey rules. There's always farm land to buy where they can do what they want and not have to worry about fines.

StephanieB3 (Georgia)
Posts: 29
Posted:
By the way, you will receive a lien on your property if (a) you don't respond to the court within 45 days or (b) you do respond and have the court rule against you. When you decide that the fines are "can't be enforced" and you don't respond to the court, then after 45 days, the court automatically rules in the HOAs favor and against the defendent. After the ruling then the HOA has to file for a FIFA and get a levy against the property. Once you have that you can foreclose on the lien, garnish the wages of the owner, or have the sheriff to come and sell the residents property to cover what they owe.
MikeS1
Posts: 668
Posted:
Maybe I missed it, but in reading this posting, I don't see where Renee indicates the state where she resides. Renee - can you update this posting with that info? Thanks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Oh contraire! You can face fines about anywhere. I live outside a HOA and I can get fined for high grass by the city. The city next to us will even impound an abandon vehicle if it is in view and not moved. Fines aren't exclusive to a HOA. Sorry to disapoint but the grass isn't "greener" on the other side of the HOA fence!

My point seems to be missed or not wanting to be swallowed. Fines in HOA's are not necessarily enforceable. I didn't want to bring this up so much as I knew many here wouldn't agree or understand. Plus it may provide a bit of ammo to those who are currently receiving fines.

Yes, fines can work like "tickets" in some HOA's. You can get a fine for parking on the street. You can get fined for not putting your garbage out on the right day. You can get fined for not fixing a fence or other structure. You can get fined for not removing a variety of items or failing to obey certain rules. These types of fines are used to make sure proper adherence to the rules are obeyed. It's a TOOL for the HOA to use for enforcement/compliance.

I am NOT saying it's a wrong thing to do or even illegal to fine. IF the CC&R's/By-laws are written to allow fines and the Members have agreed to the fining rate and terms, then they can most likely be enforced. It has to be documented that the fining system exists and was approved by the majority of HOA members. Plus the state must allow for fines to be collected.

However, it's been my experience that alot of HOA's don't have a fines system in existence. They are always wanting to create one. Basically on a case by case situation. Something pops up they don't like so now they turn to the board to do something about it. Well, the board/HOA never established a fine system and thus have no real power to levy one. If the HOA did decide to implement a fine system, it takes ALOT of work and approval. The system would also have to be part of their documentation which takes time and money to change. So the HOA is now faced with getting a majority vote of the owners to levy fines, and then have to agree to the rates, max rates, and areas to levy fines. After that they have again have a vote to update the CC&R's and by-laws. That can costs thousands of dollars in legal fees and copies alone. Then of course after all this is said and done, there is someone who violates a rule that's not part of the original draft. Plus the HOA may find out they aren't allowed to place fines according to state laws. You may run into the issue that the homeowners realize that THEY may be subject to fines themselves if they vote for the fine system. There goes the majority vote!

Can you tell I've been here before? I am not discouraging the idea of fines. It's just an Owner needs to do a bit more research in the actual applicability of a fine. It's NOT a surface fix. Fines are a double-edged sword. An out of control HOA placing fines on certain members can cause those member to sue the HOA. Fines also make homeowners compliant to the rules. Consider fines like fences they make good neighbors but they block the view!

Former HOA President
ReneeD (Illinois)
Posts: 201
Posted:
We are an Illinois HOA.
JC3
Posts: 290
Posted:
What does your association DO with the fines and the fees and interest on them? How is it used? Operating budget, reserves, emergency savings, social, or some other way?
JC3
Posts: 290
Posted:
I mean various associations, not just the original poster's--who gets the money, how is it used?
PatH4 (Arizona)
Posts: 17
Posted:
Here is the bottom line....

When you purchased your house you agreed to the Governing documents, CC&Rs, Bylaws, Articles and Rules and Regs. It is called a CONTRACT but this is an ADHESION CONTRACT.

FINES are NOT ALLOWED in contract law unless it says you will be charged $100 for leaving your garbage can out past the bewitching hour. And I doubt you will find such language.

So again, FINES ARE ILLEGAL IN YOUR CONTRACT. In order for your HOA to collect FINES they must file in a real Court of Law for DAMAGES. So the HOA must prove to a Judge HOW YOU "DAMAGED" THE HOA BY LEAVING YOUR GARBAGE CAN OUT PAST THE BEWITCHING. (I would love to hear that).

Just remember this fact, just because the HOA says so doesn't make it so. How often have you heard, "but you signed".

Yeah, well you can sign a contract to sell your child but IT'S NOT A LEGAL CONTRACT.

Pat
www.CHORE.us
JeanS1 (California)
Posts: 23
Posted:
I read your comment re fines. Very very interesting.
However, I am wondering if the law is the same in California.

Jean Strauber
JeanS1 (California)
Posts: 23
Posted:
I read your comment re fines. Very very interesting.
However, I am wondering if the law is the same in California.

Jean Strauber
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By PatH4 on 11/17/2007 6:29 PM
Here is the bottom line....

When you purchased your house you agreed to the Governing documents, CC&Rs, Bylaws, Articles and Rules and Regs. It is called a CONTRACT but this is an ADHESION CONTRACT.

FINES are NOT ALLOWED in contract law unless it says you will be charged $100 for leaving your garbage can out past the bewitching hour. And I doubt you will find such language.

So again, FINES ARE ILLEGAL IN YOUR CONTRACT. In order for your HOA to collect FINES they must file in a real Court of Law for DAMAGES. So the HOA must prove to a Judge HOW YOU "DAMAGED" THE HOA BY LEAVING YOUR GARBAGE CAN OUT PAST THE BEWITCHING. (I would love to hear that).

Just remember this fact, just because the HOA says so doesn't make it so. How often have you heard, "but you signed".

Yeah, well you can sign a contract to sell your child but IT'S NOT A LEGAL CONTRACT.

Pat
www.CHORE.us

PatH4,

I sense a considerable amount of frustration in your post. I would certainly be doubtful of “ITS” legal weight also!

Your association is unquestionable run differently than the “typical HOA”. However, the fining procedure should be one that is very descriptive in its process prior to actually FINING a Lot owner for such violation(s), IF indeed it is clearly stated as a violation, in which YOU “did sign”, so they say!

It sounds as though you are being fined, without an opportunity to comply to the said violation? If, so (If I were you) I would read (very thoroughly) my governing documents, CCR&E, By-laws and RR’s or what have you, before making such a broad claim merely based upon YOUR personal encounter with the board of directors that govern your association.

Attached is our covenant regarding the fining process of which we (the BOD) have the ability to FINE any person or persons not found to comply in the declared number of days (governing documents)

I’m the Vice President in our sub-division for the pass two years and I KNOW our governing documents specifically confirms the fining procedure we have followed. In which the board has exhausted every effort to maintain property values for all our residence.

Remember that the majority of HOA communities fine in order to obtain compliance while there is SOME BOD that only wants to “fatten” their pockets with additional cash from their residents.

Chuck W.

📎 Attachments (1):
📝1111831965871.doc(41 KB)

Charles E. Wafer Jr.
DavidH4 (South Carolina)
Posts: 35
Posted:
When you agree with the governing documents and fines for non-compliance to the R & R's are in writing, you are subject to and required to pay fines. If you do not, then the association puts a lien on your property. You may not pay your fine, but you will not sell it until the lien is satisfied.
ReneeD (Illinois)
Posts: 201
Posted:
JC3 -That is a very good question that I will bring up at the next meeting. But what I do know is that fines or late fees are lumped together on a Delinquent Report until paid and then I would think it is reported as income in our Operating Budget.
StephanieB3 (Georgia)
Posts: 29
Posted:
Well thank goodness we state in our CC&Rs what the fining policy and amount is. You can't just let people run around just doing anything.

My point is once again, if you don't want to abide by the governing documents, don't move to a community ruled by an Association. Buy some land, build and then you can't paint your house purple, let your trash can sit our all week, or whatever ridiculous thing you want to do.
StephanieB3 (Georgia)
Posts: 29
Posted:
The money we collect from fines and such is used for the operating budget.
HaroldS (Arizona)
Posts: 906
Posted:
"You can't just let people run around just doing anything." Said Stephanie. Just imagine what allowing that would do. Harold
BradD2 (Florida)
Posts: 418
Posted:
Stephanie be careful about what you do with the fines. If they are budgeted then it gives the impression that you have a quota you are trying to fill.

Dave, you might want to read Florida Statute 720. There are several things you have said which are either in the gray area or incorrect. The final word on fines is decided by a group of homeowners that are not on the board or related to the board. If your committee has a board member or relative of a board member on it then that is not the final say. You also can not lien purely based on fines; there has to be a dues problem first.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Brad,
That is correct. Board members MAY NOT be on the fining or enforcement committees. And fines are NOT lienable according to Fl.St 720. After fines have reached the State limitations of $1000.00, some creative documents and attorneys have gotten the fines assigned as a "special assessment, which is lienable
PatH4 (Arizona)
Posts: 17
Posted:
Jean,

I can't answer for CA but if I had the time the best place to look is on the CA Legislative Website.

As to the CONTRACT....contract law is contract law and is the same across the United States.

Pat
www.CHORE.us
PatH4 (Arizona)
Posts: 17
Posted:
Chuck W.,

First let me ask what is your legal qualifications since you question the "legal weight" of my post.

I also did NOT even mention my HOA in my post so unless you live here how can you question anything about my HOA. I also have NOT BEEN FINED...I would be interested in you pointing where I said that also.

But I would like to address your position that "your are being fined, without an opportunity to comply to said violation". First it is obvious from your words that your opinion has already been formed by the use of "opportunity to comply to said violation". See you already decided that the homeowner is in violation!

But even with a "hearing", it is NOT a FAIR HEARING.....the homeowner is facing not only the Judge who is unbiased but going before THE COP, THE JUDGE AND THE JURY...all are the Board members!

And to your last statement regarding why there are fines....let me suggest to you, if it is true (and I will assume it is) that the reason for fines is to obtain compliance there is another way. Why doesn't the Board send out an announcement to the WHOLE COMMUNITY informing them that EVERY WEDNESDAY WILL BE COMPLIANCE DAY!

Then every homeowner knows when the COP will be driving by to check on compliance of the documents. Now this gives the homeowner the opportunity to make sure that as of Tuesday night there are NO VIOLATIONS on their property.

What do you think Chuck??? There is your COMPLIANCE...of course, it would cut into that pocket you put VIOLATION MONEY into.

Soon maybe there would be no need to employ a bunch of Gladys Kravitz'

Oh and by the way, my only frustration is in dealing with out of control Kings and Queens who definitely prove that Lord Acton was absolutely correct...

Pat
www.CHORE.us
PatH4 (Arizona)
Posts: 17
Posted:
Not true DavidH4!!
JimH5 (Indiana)
Posts: 17
Posted:
If you can not levy and collect fines then how do you enforce CCRs and RRs? For example (this is a condo building) a resident puts uo XMAS lights in their balcony but after a reasonable time, say 30 days, won't take them down and leaves them all summer even after being requested to do so. Investors own units in the building and only a percentage of rentals are allowed (in the CCRs), all leases are to be approved, move in proceedures followed etc. They can't sell the units so rent without any notification to the board without fines how can this be stopped? You see my point is that without teeth you can only rely on people doing the right think which we all know is not always reliable.

Jim
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By PatH4 on 11/19/2007 2:15 PM
Chuck W.,

First let me ask what is your legal qualifications since you question the "legal weight" of my post.

I also did NOT even mention my HOA in my post so unless you live here how can you question anything about my HOA. I also have NOT BEEN FINED...I would be interested in you pointing where I said that also.

But I would like to address your position that "your are being fined, without an opportunity to comply to said violation". First it is obvious from your words that your opinion has already been formed by the use of "opportunity to comply to said violation". See you already decided that the homeowner is in violation!

But even with a "hearing", it is NOT a FAIR HEARING.....the homeowner is facing not only the Judge who is unbiased but going before THE COP, THE JUDGE AND THE JURY...all are the Board members!

And to your last statement regarding why there are fines....let me suggest to you, if it is true (and I will assume it is) that the reason for fines is to obtain compliance there is another way. Why doesn't the Board send out an announcement to the WHOLE COMMUNITY informing them that EVERY WEDNESDAY WILL BE COMPLIANCE DAY!

Then every homeowner knows when the COP will be driving by to check on compliance of the documents. Now this gives the homeowner the opportunity to make sure that as of Tuesday night there are NO VIOLATIONS on their property.

What do you think Chuck??? There is your COMPLIANCE...of course, it would cut into that pocket you put VIOLATION MONEY into.

Soon maybe there would be no need to employ a bunch of Gladys Kravitz'

Oh and by the way, my only frustration is in dealing with out of control Kings and Queens who definitely prove that Lord Acton was absolutely correct...

Pat
www.CHORE.us

PatH4

I apologize, for insinuating such a ridiculous notion. I ASS-U-MED you were speaking on behalf of your HOA, thus YOUR fining procedure (or lack thereof), otherwise you shouldn’t have provided the “legal advice” that you had.

I HAVE NO “LEGAL QUALIFICATION”. I wasn’t providing you (anyone else) with LEGAL ADVICE. You’ll need to hire an HOA attorney to provide you with that type of advice. I was doubtful as too your interpretation of the governing documents.

First of all, I DON’T NEED TO BE HOA ATTORNEY TO GIVE MY INTERPRETATION OF YOUR GOVERNING DOCUMENTS!

Your philosophy about “Compliance Day” is great in theory, however like many GREAT ideas; it certainly wouldn’t be very practical.

I don’t believe any board should have to “hold their hand” to achieve compliance. Abiding by the governing documents, CCR&E, By-laws and R/R are what govern our community as they have the “LEGAL WEIGHT” of which I speak of.

So basically you’re saying you can break the rules as (or until Tuesday?) long as you don’t get caught?! HMMMMM, I don’t think that would be in the best interest of my community. I will stick to the fining processes that the builder had chosen in a means to achieve compliance within our community.

Thanks anyway for your suggestion.
Best of luck.

Chuck W.


Charles E. Wafer Jr.
StephanieB3 (Georgia)
Posts: 29
Posted:
Good point Brad. We certainly don't want to give that impression. In fact, we mail the resident several letters in order for them to correct the problem before we have to fine them. In this case, if they do get a fine, they brought it on themselves. Our main goal is to keep the standard of living we signed up for when we bought our properties.

StephanieB3 (Georgia)
Posts: 29
Posted:
Kudos to you Chuck W.!!!
DavidH4 (South Carolina)
Posts: 35
Posted:
Brad, I have a copy of that Florida Statute and our Association has an Attorney well versed in that area. He holds us to the line on anything that is in the "gray area". He also is consulted on each and every fine that we issue.
Once a fine is issued, the "Homeowner" has the right to an appeal to the "Covenants Committee" who has the final word.
Believe me, no fines are issued until all other means have been exhausted.
Some people just don't get it. We live in a Community that is governed with "COVENANTS, CONDITIONS AND RESTRICTIONS" and each Homeowner signed a contract to abide by those CCR'S or be subject to legal action.
It does not take a rocket scientist to figure that one out.

Dave
PCB Fl
DavidH4 (South Carolina)
Posts: 35
Posted:
Oh, I have read it
PatH4 (Arizona)
Posts: 17
Posted:
What I said was FINES are illegal in CONTRACT LAW....so if you want to levy and collect fines (which are really damages), you must file in court, PROVE to the Judge how the Christmas lights have harmed the HOA and then.......

By the way, how do the Christmas lights harm the HOA?

Pat
www.CHORE.us
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By PatH4 on 11/21/2007 12:30 PM
What I said was FINES are illegal in CONTRACT LAW....so if you want to levy and collect fines (which are really damages), you must file in court, PROVE to the Judge how the Christmas lights have harmed the HOA and then.......

By the way, how do the Christmas lights harm the HOA?

Pat
www.CHORE.us

PatH4

I apologize. Apparently, I’ve misinterpreted your post. I really don’t know the difference between the two, I guess.

I personally don’t have a problem with x-mas lights.
The decorations themselves don’t immediately affect the HOA however the decoration when displayed during inappropriate times of the year do affect property values for all the lot/unit owners.

For example if Christmas lights and/or decorations were displaying in the middle of June, while the house just down the road was attempting to sell there house it certainly would make a HUGE difference (financially) for the person purchasing as well as the seller.

The HOA has these R/R, By-laws and CC&R to maintain property values for all its residents.

Please remember that many board members reside within the association also, and they too have to abide by the governing documents, and they also my think its rather ridiculous, but they realize it may potentially increase their property values also.

Chuck W.


Charles E. Wafer Jr.
PatH4 (Arizona)
Posts: 17
Posted:
Well I would certainly hope that Board members actually reside in the community they are reigning over and that it is recognized the Board must abide by the governing documents..

Here goes the old line about "property values". I apparently don't know how to communicate with you so before everyone becomes very bored, I will simply withdraw since it is obvious you keep turning this discussion toward other issues from the original issue.

Maybe someday you will admit about contract law, fines, etc.

Pat
www.CHORE.us

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here