Are there some HOAs that can't enforce their CCRs?

I'm having an issue and the HOA president tells me they can write a letter to a resident that is not abiding by the HOA rules and regulations, but they can't enforce them. They can't set fines or do liens, etc.

Why would that be?

She told me that they would need 90% of the resident's signatures to do something where they can start giving fines. I don't know all the legal mumbo jumbo so I'm clueless what she's talking about. I always thought that if you pay into a HOA then you have CCRs and if someone does something wrong, the HOA can fine or get them to stop. If an HOA can't do that, what's the point and what exactly is she talking about needing signatures for before the HOA can set fines?

If we pay into a HOA shouldn't we expect that they enforce the rules?

Thanks for helping me understand.

You can only fine people if it's setup in the documentation. If your HOA doesn't have a fine structure set up, then it can't just arbitrarily enforce rules/fines. Plus, in many states (NOT ALL) fines can't be used as the BASIS of liens/foreclosures. It's primarily unpaid dues/late fee/special assessments.

Fines are like "speeding tickets" while dues/late fees/special assessments are like "utility payments". Fines aren't exactly money makers or the basis of income for the HOA. The HOA can't base paying their "water bill" based on how many fines they write/collect on. Fines pretty much provide a source of enforcement of rules, covering the cost of damage that caused the violation, or just extra other source income.

Dues/late fees/special assessments are a source of income for the HOA. It is how they base paying their bills. The HOA is ONLY funded by it's owner's FOR it's owners. An owner NOT paying their dues or late on them effects the income of the HOA. Special Assessment can affect IF a special necessary project can get done or not. Special Assessments may cover other expenses besides projects as well. None payment of the 3 items does indeed have a recourse in your documentation by lien/foreclosure.

Hope this clears it up a bit. We had the same issue in our HOA. We had no fine structure or method of enforcement except by letter. However, we did have the power to REMOVE the violation at the owner's cost and send them the bill for it. Which is helpful in such cases such as illegal fences, materials used, paint color, or other significant violations. An option that your current board may not realize. That may help relieve some of the stress your feeling on the subject....