Where should Violation Procedure/Fining Schedule be documented?

Started by JosephH2 • 4 replies • 1646 views

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JosephH2 (Pennsylvania)
Posts: 57

Posted:

We are a new HOA under homeowner control.

We are developing a Violation Procedure which includes a Fining Schedule which will be sent to all Association members.

We are not sure how to document this Procedure - should it be part of our Bylaws, as a stand-alone document, etc.

Any advice?

Thanks

TimB4 (Tennessee)
Posts: 21,059

Posted:

Joseph,

Typically the CC&Rs will specify enforcement (who has authority to enforce, options for methods of enforcement, etc.).

The policy used to implement a method of enforcement (fining schedule, hearing process, etc.) would typically done by resolution. A resolution is a formalized written decision/policy adopted by the Board.

There are many resolutions/policies an Association should adopt by resolution (if not covered in other documents). I've attached a list provided by others in past posts for you to consider.

Note: Resolutions can be adopted, amended or abolished by any Board (current or future). Therefore, if you desire a decision or policy to be harder to change, you should consider adding it as an amendment to the Bylaws or CC&Rs.

Hope this helps,

Tim

📎 Attachments (1):

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📝181710267871.doc(21 KB)

TimB4 (Tennessee)
Posts: 21,059

Posted:

Oh, not included in the list (but should be) is a policy on how to adopt policy resolutions.

My Association uses the following procedure:

1 - Member/Director/Committee proposes (and provides) draft of new policy
2 - Board reviews draft and makes changes
3 - Board votes to send draft to membership for feedback
4 - General membership meeting is held to discuss new policy and get feedback
5 - Board modifies draft based on feedback
6 - Board votes to seek legal opinion on draft (many policies do not need a legal opinion)
7 - If need, board reviews legal opinion on draft and makes changes
8 - Board votes to adopt policy
9 - Policy is printed and mailed/delivered to each member (required before a policy can be enforced)

Hope this helps,

Tim

CarolR11 (Colorado)
Posts: 2,563

Posted:

One of our governing document--as specified in our CC&Rs--is "Rules & Regulations." It contains all of our rules, the procedure that must be followed when violations occur, what Owners can expect if they're called to a hearing, etc.

The last page (p. 16) contains the Fine Schedule.

(I'm sure Tim's attachment is useful, but I'm unable to open it.)

TimB4 (Tennessee)
Posts: 21,059

Posted:

Carol,

The attachment is a microsoft word document.
If you have MSword and it won't open when double clicking the link, try saving it to your desktop and then open it with word.

Tim

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