How do I go about establishing rules/regulations for my community?

Started by CharlesW1 • 8 replies • 1463 views

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CharlesW1 (Georgia)
Posts: 826

Posted:

To my “on-line” board,

I’ve read and posted several times in the past addressing this very same topic. I just wanted to confirm what I believe to have learned, prior to implementing upon our residents (detached, single family homes, in Georgia).

I know I can use the search feature, which has/will continue to help further educate me concerning various HOA or previously discussed topics. However, I don’t have a whole lot of time to research for information that can be answered very quickly by those that are more familiar with this procedure.

I believe that any R/R established must be presented to the entire community with a date of when such R/R will become effective as well as describing what will happen if the violation is observed. I also believe the R/R can not be and shouldn’t be “stricter” than the current covenants, by-laws or state/county/city ordinances.

I’ve been a board member, now for two (2) consecutive years and we continue to observe a violation, (on a daily basis) which is NOT their first time offense. Like basketball goals being left out overnight (several days), missing garage doors, garbage cans being left out for several days, etc.

What can we do? I have made this suggestion to the other board members on several occasions and they have yet to want to resolve the problem.

Thanks in advance for all your help thus far.

Chuck W.

BTW- We can and have fined previously observed violations if NOT resolved within the time permitted. However, according to our PM, we MUST provide 15 days (stated in our covenants) before assessing any fines or the loss of voting privileges can occur. I feel this is ludicrous, when you’re found in violation of the exact same offense! Literally a resident could be in violation 350 days of the year and NEVER receive a fine or lose voting privileges, due to the fact that the violation is corrected prior to the 15 days, the board would need to notify this HO once again, and so on.

Charles E. Wafer Jr.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Work to shorten the 15 day grace period AND increase the fines. Simply amend the Rules with a majority vote of the Board (if that's how it's done; check your bylaws)

You have the rules in place; they apparently are not severe enough for this household to talke notice. They are not "feeling the pain."

MicheleD (Kentucky)
Posts: 4,491

Posted:

Charles, when we've had "stubborn" violators, our recourse, after all required notifications have been exhausted and the violations continue (especially if, as you say, these go unheeded for several years), we just bite the bullet and initiate a lawsuit.

I've mentioned this in the past, and we've been fortunate that in what is now over 12 years, we've only had to go to the mat 4 times.

The last time was over a fence encroachment 8-feet into the common area. Previously the lawsuits were for on-stret parking, commercial parking, and a dog barking and fence violation combined into one.

In all 4 cases, the HOA CC&Rs were upheld.

In 3 cases, the residents ended up complying prior to the actual trial and we were able to dismiss the cases, each time with the condition that the lawsuit would continue if any additional violation ever occurred and with the homeowner paying the legal fees to dismiss the case.

In the one case that actually went to trial, the dog barking case, the homeowner really believed that we would not be able to enforce our CC&Rs against "dog noise" since we didn't have a specific CC&R against barking. We DO, however, have a "nuisance" clause, and that was the clause the judge based our win on in that portion of the lawsuit. The unapproved fence spoke for itself pretty plainly as the resident had built a fence with 3 layers of fencing to prevent his dogs from breaking out, as well as putting a dog run in with one side of the fence (effectively partitioning off his yard to keep the dogs in one section of the yard), which is also against our CC&Rs.

He lost on all portions of the lawsuit and had to remove the unapproved fencing immediately and the judge ordered him to get rid of the dogs (3 of them). He also had to pay our legal fees and court costs.

I realize that sometimes the costs don't get awarded, but if all you are doing is sending letters, even fining (which doesn't get paid) then you are not maintaining the integrity of your documents if the same residents continue with their violations.

It's time to raise the bar and enforce your docs and make them potent again.

Rules and regs are just as meaningless or impotent as CC&Rs if the residents ignore them both and your enforcement doesn't compel compliance.

JohnM3 (Florida)
Posts: 288

Posted:

Stay in Georga do not come over the border into Florida here we must by state law wait 30 days minimum and then offer arbitration and go thru the sillies wit expensive law suits. Usually 10 to 15000 bucks. I just wish the city inspectors would come in and do there job here in Florida..........................Then we would not neeed the sharks that get rich on us.....They are the only winners in ccr violations.

RogerB (Colorado)
Posts: 5,067

Posted:

Charles, the violations you listed, if not in the CC%Rs, can be established as Rules & Regs which clarify aspects restrictions in the CC&Rs such as nuisances. You can reduce the time deadline to the minimum allowed by state law and your documents but it must be reasonable. For repeat offenders who have already been notified within the last year have R&Rs (when allowed) which call for a Hearing without a notice of a violation. Bottom line is to make the fine large enough, and even greater for repeat offenders, so they will be encouraged to comply. Meanwhile these are neighbors and need to be treated in a reasonable and respectful manner while upholding all restrictions.

GlenL (Ohio)
Posts: 5,491

Posted:

Charles I firmly believe that the entire community should be involved in the rule making process. Proposed rules should be posted or delivered to the community with a 30 day window inviting comments and suggestions on the proposed rule before the BOD enacts it. Often what may seem like a reasonable and workable rule is flawed and this process will help sort it out. And IMO the H/O's are more likely to comply if they feel that they are part of the process instead of receiving a dictate from on high. Now this is not to say that sometimes the BOD must do what it feels is in the best interest of the community regardless of what is popular but it's easier if the H/O's are with you and understand the basis of the rule and what it is trying to accomplish.

As Roger has stated the fine for repeated infractions should escalate. This will require meticulous records on the Association's part to prove repeated violations and avoid charges of selective enforcement or other such nonsense and there should be an appeals process. This is from Ohio ORC5311.081 (C) other States have similar provisions and you should check Georgia's to see if it has something in place.

(C)(1) Prior to imposing a charge for damages or an enforcement assessment pursuant to division (B)(12) of this section, the board of directors shall give the unit owner a written notice that includes all of the following:

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

(b) The amount of the proposed charge or assessment;

(c) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment;

(d) A statement setting forth the procedures to request a hearing pursuant to division (C)(2) of this section;

(e) A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment.

(2)(a) To request a hearing, the owner shall deliver a written notice to the board of directors not later than the tenth day after receiving the notice required by division (C)(1) of 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 division (C) of this section.

(b) 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.

(3) The board of directors shall not levy a charge or assessment before holding any hearing requested pursuant to division (C)(2) of this section.

(4) The unit owners, through the board of directors, may allow a reasonable time to cure a violation described in division (B)(12) of this section before imposing a charge or assessment.

(5) Within thirty days following a hearing at which the board of directors imposes a charge or assessment, the unit owners association shall deliver a written notice of the charge or assessment to the unit owner.

(6) Any written notice that division (C) of 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

CharlesW1 (Georgia)
Posts: 826

Posted:

Thank you all. I will likely forward a link so that the other two board members can also read the great advice/opinions being provided to me.

I apologize, I haven’t had an opportunity to post or reply to the majority of threads being posted the last couple of weeks.

I’ve been extremely busy being “Mr. Mom,”, for the first time, it’s a special experience, for sure. I’m enjoying daily.

I’ll try to make frequent “appearances”

Thank you all as always, for all your great advice and HOA wisdom.

Chuck Wafer

Charles E. Wafer Jr.

KirkW1 (Texas)
Posts: 1,665

Posted:

Charles,

I have several things from reading down through the thread:

1) As always "check your documents." I suggest setting aside time on a regular basis to read a section. Unfortunately you will find an answer where you don't expect it.

2) Your rules can not conflict with the cc&r's. They can (and normally are more restrictive.

3) Often a resident receives a certain amount of time to correct a problem the first time. If your documents were drafted by an experienced person they should allow for moving directly to a fine in subsequent violations.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kirk,

Would you be good enough to explain your statement: "Your rules can not conflict with the cc&r's. They can (and normally are more restrictive."

It's my opinion the rules CANNOT be more restrictive than the CCRs. If only because the CCRs are higher up in the hierarchy of governing documents than the rules. If the CCRs say only one dog may be kept as a pet; the board cannot adopt a rule which says only one dog, not weighing more than 20#, may be kept as a pet. That rule would be more restrictive than the CCR restriction, and thus be in conflict with the CCRs.

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