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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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JennaferC
(Washington)
Posts:5
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| 08/23/2006 5:33 PM |
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| We are a fairly new HOA, with oard members who are nearly clueless when it comes to running a HOA. We are trying to find out if we can fine people for things like, a dog running lose, not removing garbage cans from street, having a trashy yard. Our CCNRs do not allow these things to be done, but they offer no way to enforce the rules. We need help please. |
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JulieS
(Georgia)
Posts:412
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| 08/23/2006 5:52 PM |
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| You need to establish a fining procedure and notify everyone of the fining process and fines. You can enforce anything that is in the covenants. Typically, a notice letter is sent, a 2nd letter stating that a fine will be issued if the problem is not taken care of within a certain number of days, and then a third stating the fine has started. There are a number of posts on this site related to this issue. |
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CharlesW1
(Georgia)
Posts:821
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| 08/23/2006 5:58 PM |
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JennaferC,
“Jennifer” I would assume. I would call the dog warden. “Leash laws”, has nothing to do with HOAs. It’s for the safety of the entire community. If your CC&R say those are unkempt yards, trash cans being left out, days after the service has come and empted them out, these would be violations. Then the homeowner would need to be addressed. You have to read what your CC&R says about the procedure to follow for any homeowner in violation. Many times you will need to send the violator several violation notices with adequate time to comply, before you initiate any fines. You should have the procedure written out in your CC&R.
Good luck with it
You should get all your questions answered here.
Chuck W.
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Charles E. Wafer Jr. |
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BradP
(Kansas)
Posts:1742
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| 08/24/2006 1:59 PM |
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Jennifer:
Julie is right, if your covenants speak to it you have the ability and right to fine people for those violations. If your covenants speak to dogs running lose you can certainly fine for that, we don't have that and I am toying with introducing something to that effect. Normally we have just called animal control, but we have one person in particular who thinks the law doesn't apply to them and animal control has not been much help. |
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BrianB
(California)
Posts:1748
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| 08/24/2006 6:17 PM |
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| read your CC&R's carefully to see what actions your board can take. Ours, for example, does not allow us to fine someone. All it allows us to do is "ban their use of the association common areas". Given that there is no use at all of our common area except to catch rainwater, that's not so big a threat. So, I do a lot of bluffing. |
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JennaferC
(Washington)
Posts:5
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| 08/25/2006 1:51 PM |
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| How would we establish a fining procedure? Do you as a board set it up, then start notifing, or do the members of the community have to vote on it? |
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WilliamT
(Arizona)
Posts:489
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| 08/25/2006 2:24 PM |
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Posted By JennaferC on 08/25/2006 1:51 PM
How would we establish a fining procedure? Do you as a board set it up, then start notifing, or do the members of the community have to vote on it?
The fining procedure should be drafted in precise wording and entered into your Rules and Requlations. Look at other HOA's rules to get ideas.
In many states the Rules then must be recorded in the County Recorder office the same as your Bylaws and CC&R's are. After being recorded they become effective. Your CC&R's should set out the board authority for adopting Rules and Regulations. Check there first.
It is the board that adopts the Rules, not the members. |
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WilliamH5
(North Carolina)
Posts:6
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| 09/09/2006 7:42 PM |
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We are in the midst of handling a homeowner who violates nearly every Rules and Regulation we have. Your HOA Bylaws should define a protocol to follow; usually (1) a letter is sent to the homeowner, by the Property Manager and/or BOD, describing the violations and deadline for corrective action, (2) a follow-up letter once the deadline is passed without action to initiate fining the homeowner or soliciting the assistance of local government at the city and/or county levels for violations involving health/sanitation issues. If government is involved, their own protocol is used and it's similar to HOAs. They will do an inspection, send a letter with a deadline, and if not corrected, corrective action will be taken by that agency and costs will be billed directly to the homeowner. When fines are involved and initiated by the HOA, unpaid fines can be used to legally place leins against the property owner and foreclosure is a last resort.
First thing you need to do is read your Covenants, Restrictive Covenants and Rules and Regulations documents. These are filed with the Office of the Register of Deeds of the county that your HOA resides. These documents are required for all HOAs and holds the answers to your questions and also spells out the BODs abilities to amend those documents.
Hope this helps and good luck. |
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