Rules

Started by MichaelJ8 • 9 replies • 1524 views

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MichaelJ8 (Illinois)
Posts: 113

Posted:

We have a lot of rules in the Declaration but there is no penalty for breaking them. Example: Guests can only be here for 2 weeks but some are having their guests live with them for several months. What kind of action can be taken if none is spelled out?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You need to set up a fining schedule. You are right HOa's have plenty of rules but do NOT define the punishment for not following them Only thing lien or foreclosure for NOT paying dues. A HOA can not use fines as the basis of liens/foreclosures in most states.

Fines work more like speeding tickets in a HOA. You don't get evicted or go to jail over them but it is usually indicative of an owner that will soon stop paying out of protest...

Former HOA President

RogerB (Colorado)
Posts: 5,067

Posted:

Michael, Attached is an example of a Rule and Regulation on Enforcement.
First provide all owners with copies of the restrictions and the Rules on Enforcement of restrictions. When there is a violation provide in writing to the owner first a Courtesy Notice and if not corrected at least one Violation Notice. Provide a reasonable time limit for correction. Since you said your Declaration has no means for penalties (fines) the only enforcement is through legal action. Make sure to have good documentation prior to considering legal action. When considering legal action first determine if the violation is serious enough to take to court, costs involved, and chance of prevailing.

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JohnC46 (South Carolina)
Posts: 14,265

Posted:

Roger

I believe most agree that a fining schedule should be set like $10.00 per day for an improperly parked car. $25.00 per month for unpaid dues, etc. The letter you attached said fines will be determined by the BOD. This is where many associations get in trouble.

I suggest your association set a fining schedule and make it available for all to see.

Hope this helps.

NancyG3 (North Carolina)
Posts: 342

Posted:

Our Declarations do not have anything for fining, however, the NC Planned Community Act says; "If it is decided that a fine should be imposed, a fine not to exceed $100. may be imposed for the violation and without further hearing, for each day more than 5 days after the decision that the violation occurs." Check your State for a Planned Community Act for fining. Nancy

GlenL (Ohio)
Posts: 5,491

Posted:

Michael assuming you are an HOA rather than a condominium, the Illinois Common Interest Community Association Act gives the Board the right to fine after a hearing.

(765 ILCS 160/1-30) Sec. 1-30. Board duties and obligations; records.

(g) The board shall have the power, after notice and an opportunity to be heard, to levy and collect reasonable fines from unit owners for violations of the declaration, bylaws, and rules and regulations of the common interest community association.

As others have stated the rules and the fine schedule should be published and you will need to keep detailed records. For instance in the example you gave limiting visits to two weeks, is that two weeks per year or two weeks at a time? If it is two weeks at a time then all the "offending party" would have to do is leave for a day after two weeks and return for another two weeks.

Oh and who is going to monitor who has visitors and how long they stay?

Studies show that 5 out of 4 people have problems with fractions

NancyG3 (North Carolina)
Posts: 342

Posted:

Michael - By rules do you mean restrictions in the Declarations? If your example is in the Declarations was it changed from an original restriction? This is a strange rule. Suppose a homeowner needed to take in and care for an ill family member or a family friend wants to purchase a home and stays with them while looking for a home. I suggest changing this rule if possible. Or add may be extended with approval from BOD. Seems unreasonable.

MichaelJ8 (Illinois)
Posts: 113

Posted:

My error! I should have stated that we are a condo association. does this make a difference?

GlenL (Ohio)
Posts: 5,491

Posted:

(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
(l) To impose charges for late payment of a unit owner's proportionate share of the common expenses, or any other expenses lawfully agreed upon, and after notice and an opportunity to be heard, to levy reasonable fines for violation of the declaration, by-laws, and rules and regulations of the association.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

The Condominium Property Act is here: http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapterID=62

Studies show that 5 out of 4 people have problems with fractions

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