Can we fine for covenant violations?

We are a fairly new H.O.A. of individual homes. We now find that some of the owners did not build within the setbacks listed in the covenants. The newly formed compliance board has been commissioned by the board of directors to come up with a fine schedule for these past violations. Some are more than 2 years old.

My question is; can we fine these homeowners even though there was no fine schedule at the time of the violations, and also; can we set a higher fee for future violations to prevent more from happening?

Barbara, when those houses were built the plans should have been approved by the builder or the homeowners' architectural committee. After two years it is too late to try to fine those properties if they did not get approval. In the future make sure plans are approved prior to beginning construction. Your association should establish Rules and Regulations on Enforcement of Covenants and Rules which should include a fine schedule. This should be distributed to all owners. No owner should ever be fined prior to having the opportunity for a Hearing.

There was no approval of plans as there is 1. No zoning in our town, and 2. The board, which was new at that time had no clue as how to deal with the problem even though they were aware at the time the violations were occuring.

This new board wants to punish the offenders even though I feel the original board was partially responsible for letting it happen, and should let it go and move on. The board still hasn't been able to agree on fines for future violations, so we are wide open to more problems.

As home approach values of $500,000 and more ( we are all waterfront), the owners want some kind of resolution as it may keep them from selling with a blemish of being in non-compliant on their title.

Any help or suggestions would be greatly appreciated by me as chairman of the newly formed Compliance Committee.

Barbara

i doubt that the constitutional right we have against ex post facto laws actually applies here in an HOA, but i think the "new" board should tread very carefully here.

The previous board was 100% responsible/accountable/culpable for the problem. they allowed the owners to build illegally. to come along now, and say "we were wrong, so sorry, fork over some cash" is a bad idea. Simply grandfather these homes in, and move on.

Looking forward, the board should not have a "fine" for something permanent (like harold asks, what is the option?), they should have fines for fixable items (weeds, trash cans, signs, paint), and a permit system for permanent ones (structures, set backs, etc.). If someone builds a permanent one after DISREGARDING an order not to, then too bad, so sad, take it down. I cannot see fining someone $20 a month for their home being too close to a wall, etc., when it wasn't told to them that it wasn't acceptable.

I agree.