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| Author |
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ChuckB2
(Washington)
Posts:14
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| 05/12/2008 9:17 PM |
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We are preparing to develop a set of fines for CC&R infractions and I would like to see how others have approached this issue. Our CC&Rs provide us the ability to set fines, make rules and regulations. We just are not sure how to go about the process of setting things up.
A board meeting was just held where the discussion was all over the map and we didn't get very far.
Any suggestions will be greatly appreciated.
Chuck |
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RogerB
(Colorado)
Posts:3579
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| 05/13/2008 8:16 AM |
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| Chuck, attached is one example. Your HOA's By-laws should define the approval process - usually it only requires approval of the Board. Remember that R&Rs need to be reasonable. |
Attachment: 151316135371.doc
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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ChuckB2
(Washington)
Posts:14
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| 05/13/2008 8:42 AM |
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Roger
Thank you. I like the simplicity and the clear statements about what will be done and why.
We have been struggling with trying to set multiple fine values depending upon the nature of the violation.
I also like that yours is a process that becomes more harsh when the violator ignores the board and the rules.
Another thing I am thinking about, and would appreciate your opinion, is whether we should require any entity filing a complaint be required to identify themselves and do it in writing. I don't like the idea of someone anonomously complaining unless the complaint involves safety. If your neighbors dog barks, talk to your neighbor about it. If that doesn't work file a written complaint with the board.
Chuck
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RogerB
(Colorado)
Posts:3579
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| 05/13/2008 9:27 AM |
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Chuck, the managing agent can verify complaints of violations and keep the original complaintant anonomous. However, if there is a Hearing the original complaintant is notified and may testify if they chose. Many do not want to be involved because they want to maintain a good relationship with their neighbors. When the violation can be verified by a digital photo and the person taking the photo testifies as the complainant that is usually sufficient.
FYI with our approach is to use the Golden Rule. Thus we have seldom been involved in a Hearing. First we make sure the R&R on Covenant enforcement are provided to all homeowners. The first notice is a courtesy notice and a photo of the problem are provided because many homeowners are not even aware of their restrictions. If not corrected then the violation notice is provided. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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MicheleD
(Kentucky)
Posts:1136
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| 05/13/2008 10:16 AM |
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Posted By ChuckB2 on 05/13/2008 8:42 AM
Another thing I am thinking about, and would appreciate your opinion, is whether we should require any entity filing a complaint be required to identify themselves and do it in writing. I don't like the idea of someone anonomously complaining unless the complaint involves safety. If your neighbors dog barks, talk to your neighbor about it. If that doesn't work file a written complaint with the board.
Chuck
Chuck:
We allow for anonymous reports of alleged CC&R violations.
Our county Inspections, Permits and Licenses department allows for anonymous reports;
our local police department allows for anonymous reports;
our animal control officers allow for anonymous reports;
our fire department and health departments allow for anonymous reports. . .
If it's "good enough" for all those government agencies, what is the reason why the board would need an alleged CC&R violation "signed"?
If a neighbor is reporting that someone's dog is barking, and barking dogs are NOT covered under our CC&Rs (which they are not, directly), then we wouldn't act on the notification anyway. So it wouldn't matter if it were anonymous or not.
If someone is violating a CC&R, what difference does it make if the reporting entity can be identified? If the violation exists, and it is confirmed by a board member, what are you accomplishing by not even investigating if the notification isn't "signed"?
I've never understood that philosophy.
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