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DebbieP2 (Missouri)
Posts: 2
Posted:
We have an issue where a few howeowners have in ground efficiency sprinkler systems. One member of the board does not like it and quite frankly lies about the homowners violating the even/odd day water management guidelines. Because she is called out as being mistaken or lying she now want so place an addendum to the by-laws to implement harsh compounding financial penalties. Is this legal? and are "harsh" penalties legal are there laws in MO regarding this? These penalties have not been defined. Everyone just received a letter that it is going to happen. How can we be sure any harsh penalties to homeowners are from reliable resources or even true. This seems to be a vigilante style approach.

Our other concern is the perceived notion that we have a water problem (which we do not) to people buying or selling property. It is not very welcoming.
GlenL (Ohio)
Posts: 5,491
Posted:
Can the Board amend the By-laws without a homeowner vote? If so then the obvious recourse would be to recall her.

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Your HOA would have to establish a "Fining Schedule" that the members agree to. That means having it documented that if you leave trash out on sunday for tuesday pickup, it is a $25 fine with it maximum at $200 for EXAMPLE. You have to define a violation and then establish the fine limits up to the maximum over time.

Now keep in mind that fines in MOST states (NOT ALL) can NOT be used for the basis of lien or foreclosure. You will have to check it out what your state allows and how it can be imposed. Some states require fines to be taken to small claims court to collect. Which at some point is not worth the effort in cost and time once you go down that rabbit hole.

Unless your HOA is willing to put it in writing a fine schedule and establish it, I would look into getting rid of this board member. Atleast establish that this is NOT a violation and stop with the notifications. It cost money to send these notices out if they don't mean anything.

Former HOA President
JM10 (California)
Posts: 503
Posted:
Quote:
Posted By DebbieP2 on 11/13/2012 9:46 AM
We have an issue where a few howeowners have in ground efficiency sprinkler systems. One member of the board does not like it and quite frankly lies about the homowners violating the even/odd day water management guidelines. Because she is called out as being mistaken or lying she now want so place an addendum to the by-laws to implement harsh compounding financial penalties. Is this legal? and are "harsh" penalties legal are there laws in MO regarding this? These penalties have not been defined. Everyone just received a letter that it is going to happen. How can we be sure any harsh penalties to homeowners are from reliable resources or even true. This seems to be a vigilante style approach.

Our other concern is the perceived notion that we have a water problem (which we do not) to people buying or selling property. It is not very welcoming.

I'm not from your state, but in California the enforcement of the even/odd water sprinkler system days is the responsibility of the city. Who pays for the water?

I agree that the board can and should define a fining schedule for violations, but "harsh" with no definition can open up a lot of animosity. If this person is really concerned about water conservation, then why not ask the person to help arrange activities and informational presentations for World Water Day (which is in March).

Educate and then advocate what possible ways everyone can conserve on water.

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