violation question

A resident for instance has a garage sale which is in violation of the governing documents. A letter is sent informing the owner that only community garage sales are permitted. The owner has a 2nd garage sale, a 2nd letter is sent informing the resident that they now have a meeting with the covenant(fining) committee. According to the manager the committee can't fine for the 2 prior violations, but can tell the owner they will be fined X amount of dollars for any future garage sales.
Is this how the process works?

Barbara

In your community that may be how it works. Every HOA is different.

Steve,

This is how the manager states the process should work. Our documents just state that we can fine for violations and it will be voted on by the covenants committee.(although the manger makes the Board vote on approving the recommendation from the committee)

Barbara

Barbara,

Here is what it says from 720:305 (2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation,""" WITH A SINGLE NOTICE """with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents.

"a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.

So after reading this, it has changed since I last had to deal with this issue. It now says that ""with a single notice"""

Barbara … I think your issue is possibly due to:

720:305 (2) If the governing documents so provide …

Your governing documents apparently state per your post:

We can fine for violations and it will be voted on by the covenants committee.

If your governing documents stated possibly something to the effect of:

All violators will be sent a notice regarding the violation and have 15 days to rectify the violation or schedule a meeting with the covenants committee to dispute the notice violation. If the violation is not resolved within 15 days or dispute resolution scheduled, the fine to be imposed for the violation will be $xx effective immediately … etc.

It appears in your documents a violator must appear for a meeting, and the covenants committee vote that if there are further issues what the fine would entail. If someone does not know up front the extent regarding the consequences then you have a more difficult time enforcing legally the consequences. This is why most laws state the penalties for the crimes.

You might check yourself and read your documents to be sure. Hope this makes more sense.