Tenants, Owners and Covenants

Our HOA, which is about 10 years old, consists of ~270 single family homes (from $300K to $1.5M in value), with maybe 5% rented out. The board is a 100% volunteer organization, and the largest portion of the budget goes for landscape maintenance, followed by snow removal.

If someone doesn't pay their annual dues (only $200 per property), the treasurer tacks on a late penalty and then interest charges. If non-payment continues, a lien might be filed. So we have a recourse for non-payment. The situation is different for covenant violations.

The board periodically makes rounds in the community, leaving notices at violators' doors. Obviously, this is time-consuming and only retired and/or non-working board members participate. Tracking is somewhat inconsistent, but there is a file with non-compliance data.

Fortunately, most residents voluntarily follow the covenants. Still others blatantly disregard them. The most common violations are related to lawn care, lawn ornaments and leaving waste materials out. There are also a few people who fail to pick up after their animals. Maintenance (painting, deteriorating driveways, etc) has become a prominent issue as the homes age. Fortunately, we have almost eradicated the problem of basketball hoops...

The unfortunate aspect of enforcement is that our covenants and by-laws have insufficient "teeth" to make them readily enforceable for either tenants or owners. While our attorney has said we may institute fines for non-compliance, many homeowners (and indeed the board president) object to this possibility.

What does your HOA do for enforcement, assuming you don't have the option of levying a fine? How do you handle tenants?

Changing the covenants isn't remotely likely given the apathy in our association. It requires 75% of the homeowners to agree to the change. We can't get more than 10-15% to attend the annual meeting. We have a difficult time recruiting board members, and needless to say, getting someone to step up to the task of enforcing covenants is impossible.

Some have proposed bringing in a paid management company to do the job, citing reluctance by volunteers to do covenant enforcement. This is definitely an option, although I'm sure we'd have to double the current dues and even then, I doubt they'd do a better job with enforcement given the lack of penalties for non-compliance.

Any other thoughts?

Susan:

I would begin looking at the laws in New York to see what they say about HOA's. If it states that the board is able to promulgate rules and regulations, then I would suggest for them to put forth a handbook with guidelines that coincide with your CCR's. Without seeing or knowing exactly what your's say its difficult, nonetheless if you have a nuisance clause then the board can fall back on that and enforce that way.

Enforcement can be in the way of notices, hearing/mediation and the assessment of fines for the violation(s). Only the Owner can be fined by the HOA, however bringing the owner and their tenants into a hearing/mediation could cure some of the problems. Good luck!

Susan:

A Management company is the only way to go. It relieves the board from having to deal with collecting fees, and many other responsibilities.
The Board of Directors are however, still the ones who have the final say when it comes down to the wire.
HOA's cannot deal directly with tenants as they are responsible only to their landloards. The Management Company, and while you are at it get yourselves an attorney who will handle all your legal issues. If you don't have a web site in your community, you should get one. I strongly suggest the one on the left of this screen.
The homes in our private community are no where near your price range, but we have nine board members, a Management Company, and an attorney. They are all affordable.
Good luck:

Jim