KayG1 (Iowa)
Posts: 5
Posts: 5
Posted:
What can a board do if a resident and his wife refuse to follow the by-laws?
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unwilling residents
Started by KayG1 • 8 replies • 1968 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
You fine them if allowed in your CC&R's and/or State law. If that option is not available then you can take them to court to force them to comply and ask the court to award the HOA its attorney fees and costs.
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JonD1
Posts: 2,350
Posts: 2,350
Posted:
Could you provide a few more details.
Nature of violations.
Type of property. Condo/HOA/Townhouses
Does your property have an established set of rules and regulations?
Do you serve on the Board?
Nature of violations.
Type of property. Condo/HOA/Townhouses
Does your property have an established set of rules and regulations?
Do you serve on the Board?
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
I agree with Jon we need some more answers.
Per your question:
"What can a board do if a resident and his wife refuse to follow the by-laws?"
Along with Jons questions mine would be:
Do you mean By-Laws or the Declaration of CCR's? The By-Laws are generally just the document that governs how meetings are conducted, the board and officer duties, etc. The CCR's are your covenants and rules. Therefore, what are they refusing to follow?
Per your question:
"What can a board do if a resident and his wife refuse to follow the by-laws?"
Along with Jons questions mine would be:
Do you mean By-Laws or the Declaration of CCR's? The By-Laws are generally just the document that governs how meetings are conducted, the board and officer duties, etc. The CCR's are your covenants and rules. Therefore, what are they refusing to follow?
AnnD2 (Connecticut)
Posts: 76
Posts: 76
Posted:
Has anyone talked with these people to find out what their issue is? no time, don't understand what is required of them, don't care....?
KayG1 (Iowa)
Posts: 5
Posts: 5
Posted:
Posted By KayG1 on 02/15/2011 9:21 PM
What can a board do if a resident and his wife refuse to follow the by-laws?
What can a board do if a resident and his wife refuse to follow the by-laws?
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Kay,
It will depend on what your Associations governing documents say about enforcement along with possible limitations that might be in place by applicable State laws.
Some Associations are legally allowed to go the whole course up to and including foreclosure on the property. However, some Associations can only legally fine and place a lien on the home. Other Associations are allowed to exclude access to common areas and/or amenities (pool, playgrounds, etc.) while other Associations are limited in excluding access based on State laws. Depending on the actual violation, it's possible that very little can be done.
Bottom line, it varies from State to State and Association to Association. This is why you were asked the many questions by other members of this forum. The don't want to give you wrong information and require additional specifics to give you the correct information.
To provide a better answer it would be helpful to know the following:
Type of Violation (failure to pay assessments, failure to comply with the covenants (like wrong color paint), failure to follow procedure in a meeting).
Enforcement Policy of your Association = Possibly the specific language of the enforcement policy.
Are you a member of the Board that has enforcement authority or just a member of the Association concerned on a specific issue (as advise can differ slightly).
Tim
It will depend on what your Associations governing documents say about enforcement along with possible limitations that might be in place by applicable State laws.
Some Associations are legally allowed to go the whole course up to and including foreclosure on the property. However, some Associations can only legally fine and place a lien on the home. Other Associations are allowed to exclude access to common areas and/or amenities (pool, playgrounds, etc.) while other Associations are limited in excluding access based on State laws. Depending on the actual violation, it's possible that very little can be done.
Bottom line, it varies from State to State and Association to Association. This is why you were asked the many questions by other members of this forum. The don't want to give you wrong information and require additional specifics to give you the correct information.
To provide a better answer it would be helpful to know the following:
Type of Violation (failure to pay assessments, failure to comply with the covenants (like wrong color paint), failure to follow procedure in a meeting).
Enforcement Policy of your Association = Possibly the specific language of the enforcement policy.
Are you a member of the Board that has enforcement authority or just a member of the Association concerned on a specific issue (as advise can differ slightly).
Tim
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
All I just saw that Kay asked this question two different ways. Here is info from her other posting which, I believe, is on the same topic:
Quote:
Posted By KayG1 on 02/16/2011 6:09 AM
We have a couple in our condo association who refuse to follow some of the by-laws. According to our by-laws and Rules and Regulations, they ae to park their cars in their garage, not permanently in their driveway. Their garage is full of junk which they refuse to remove. Snow removal can't be done in their driveway, so they have to do their own but don't do a very good job. Their garage might be a fire hazard, and their vehicles stick out past the length of their driveway. As a board member, what can we do?
We have a couple in our condo association who refuse to follow some of the by-laws. According to our by-laws and Rules and Regulations, they ae to park their cars in their garage, not permanently in their driveway. Their garage is full of junk which they refuse to remove. Snow removal can't be done in their driveway, so they have to do their own but don't do a very good job. Their garage might be a fire hazard, and their vehicles stick out past the length of their driveway. As a board member, what can we do?
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Kay,
Having this information leads me to ask the following:
How is the regulation worded on the parking and use of garage?
Does the Association take the responsibility to plow the driveways?
Is the Driveways considered private property or exclusive use common area?
What is the Associations enforcement policy on violations?
Tim
Having this information leads me to ask the following:
How is the regulation worded on the parking and use of garage?
Does the Association take the responsibility to plow the driveways?
Is the Driveways considered private property or exclusive use common area?
What is the Associations enforcement policy on violations?
Tim
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