Enforcement of By Laws & Restrictions

Started by MariaL • 7 replies • 1488 views

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

⚡ Takes 30 seconds

Already a member? Log in

MariaL (Florida)
Posts: 6

Posted:

I am on the BOD and am very frustrated. Our association is located in Palm Beach County, FL. We do routine walks to check on repairs needed, etc. Then send out the letters. The problem is no one complies with our request. One homeowner flatly refused to fix his screen on his patio. If we choose to fine, we won't see the money. It is like the documents are worthless. Our lawyer can send letters, costing us money, but it doesn't guarantee anything.

There are many foreclosures in our community. It is hard times for everyone. Garage doors need replacing and the homeowners tell us they can't afford it. How do we protect the values in our community if there is no way to enforce them?

I just read that in Ohio they have an "enforcement assessment" and they can place a lien on the property. How does that work? You have to wait until the owner sells and what if he never does?

Any advice on this would be extremely appreciated.

Maria

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maria,
Unfortunately in Florida, fines cannot be liened against the property. It is in the Statutes. Are you stand alones homes or condo or a villa situation? Many documents allow associations to repair and then bill the homeowners but that still does not guarentee that you will recoop the cost of those repairs. It is an on going problem and until this economy gets fixed, probably the screens won't.

MariaL (Florida)
Posts: 6

Posted:

Donna,

We are Townhomes. Groups of 5, 6 and as large as 10. Total units 92.

You are right. We are stuck unfortunately.

Thanks for your reply,
Maria

MaryA1 (Arizona)
Posts: 7,043

Posted:

Maria & Donnas,

What about small claims court or justice court (whatever it might be called in FL)?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hi Mary,
The maximum amount that can be fined against a property for a violation is $1000.00 according to the Fl Statutes. The question then becomes, is it worth it to go to cmall claims court? I do not believe that fines can go to court but I am going to research that again. It came up once here and it was not a matter that small claims court would handle.

SusanW1 (Michigan)
Posts: 5,202

Posted:

With things as they are, I'd be sure to pick your battles.

Garage doors seem more important than screen doors.

LaverneB (Florida)
Posts: 129

Posted:

Maria I am President of the HOA and I know how frustrating it is. We have 216 single family homes (over 55) and we went to our lawyer who told s the same Sending letters is Ok but you can't make someone change their door, or fix the screen. Sometimes I wonder why we have the HOA anymore? This is a volunteer job. So why do we give ourselves all this work.By the way, I am the first female president and WOW they were surprised.(homeowners) but I love it...LaVerne

KirkW1 (Texas)
Posts: 1,665

Posted:

While it is certainly frustrating to be in the position you are in consider this as well. It is entirely possible that a homeowner can't afford to replace a a garage door. And efforts to push the issue could be the proverbial straw. If your efforts go to far, then you end up with another foreclosure. And then there are the people who will claim to be in the position and are just riding the wave so to speak...

I would certainly look to come up with a way to create an option for delayed enforcement. You want to protect your right to enforce even while perhaps you temporarily allow certain things because of the economic realities of the moment.

🎯 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