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AdenaS (South Carolina)
Posts: 8
Posted:
Our Property Owner's Association does not have a policy in place regarding how to handle fines in regard to a violation of the Bylaws or CC&Rs. There have been some issues in the community in which the Homeowners have not made the corrections asked and the Board wants to institute fines.

This is the only verbage we have in any document in regards to fines:

"Enforcing, on behalf of the Association, the assessments as provided in the Declaration, including, but not limited to, the institution of civil actions to enforce the payment of of the assessments as provided in the Declaration, the imposition of charges for late payment of assessments, and, after notice and an opportunity to be heard, levying reasonable fines not to exceed One Hundred Fifty and No/100 Dollars ($150.00)for each violation of the Declaration and these Bylaws."

There is a disagreement on whether that means we can charge a person the maximum fine of $150 for every day a Homeowner has parked their boat in their driveway or is it one fine of $150 for whatever length of time the boat remains?

Just looking for so opinions.

Thanks.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I'd say is means a maximum fine for the violation of $150. In total.

So a person could pay the $150 violation fee and continue to park the boat.

Your HOA needs to get a policy in place ASAP.

JamesB16 (California)
Posts: 2
Posted:
Two years ago, a lady who owned a condo in a California HOA, passed away and left the condo to her 40 year old son. The son, in turned, leased the condo to his buddy. The buddy, 43, and his 41 year old girlfriend moved in to the condo in the middle of the night, without going through the HOA office, violating the minimum age 55 and above rule. This is not just a cc&r violation, but a violation of state law, as well.

My question is, can HOA management evict this couple...the illegal occupants...or do they have to track down and go after the owner? My thinking is the "former" would apply but, I'm not an attorney. The peculiar thing is...that it has been almost eight months since the young couple moved in to the HOA complex and...they are still there. Our management tell us that everything possible is being down to remove these people, but they've had trouble locating the owner. The general manager also tells us that he is not at liberty to discuss the matter with the membership...although WE pay the bills!

First of all, it seems to me that HOA management should be able to, get the illegal couple out of the complex without delay by eviction instead of having to chase down the owner! The HOA vs the Owner, or the Tenant vs the Owner are separate issues! First things first...and don't take eight months to evict people who are under age!!

JamesB16 (California)
Posts: 2
Posted:
Two years ago, a lady who owned a condo in a California HOA, passed away and left the condo to her 40 year old son. The son, in turned, leased the condo to his buddy. The buddy, 43, and his 41 year old girlfriend moved in to the condo in the middle of the night, without going through the HOA office, violating the minimum age 55 and above rule. This is not just a cc&r violation, but a violation of state law, as well.

My question is, can HOA management evict this couple...the illegal occupants...or do they have to track down and go after the owner? My thinking is the "former" would apply but, I'm not an attorney. The peculiar thing is...that it has been almost eight months since the young couple moved in to the HOA complex and...they are still there. Our management tell us that everything possible is being down to remove these people, but they've had trouble locating the owner. The general manager also tells us that he is not at liberty to discuss the matter with the membership...although WE pay the bills!

First of all, it seems to me that HOA management should be able to, get the illegal couple out of the complex without delay by eviction instead of having to chase down the owner! The HOA vs the Owner, or the Tenant vs the Owner are separate issues! First things first...and don't take eight months to evict people who are under age!!

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