Bylaw Violation Fines

Does anyone have a suggested set of bylaw violation fines, ranging from smallest violations, i.e uncut grass to an abandoned and partly demolished house sitting for almost 5 years? Thanks, Robin in Houston, TX

Our subdivision is pretty small, only 35 families and we also take care of issues on a case by case basis. We have been having to deal with this half-demolished house in the neighborhood for 5 years. I have only been on the board for a year and in the past, the board got frustrated because they would send letters, make phone calls, send follow up letters, but to no avail. I have been spearheading this because there are critters living in the house and the pool and there is also broken glass in the yard, shingles, siding falling off at times. I rescued a dog that had fallen in the pool and found young children who were visiting playing in the yard with the glass. The homeowner has given us the same excuses for 5 years. The board has sent countless letters and so to start the "time clock" again, we have sent Letter #1, advising they have a specific time to come up with either a construction plan and time line or a demolition plan. The time on the first letter has expired and we are getting ready to send out Letter #2 advising fines will be imposed with the third letter. The problem is we have never had to deal with anything like this before and don't have a fine system. So that is what we are planning next but don't know how much and when to set the fines.

That has been mentioned to me several times and may end up being an option. I guess our concern is if we start a fine process with this homeowner, do we have to post the fine schedule on our website or send it to all homeowners so it is published publicly? Another resource advised to do that or to discuss it in a board meeting and have it in the meeting notes. Also, if we fine one homeowner for a violation, don't we have to treat all others equally across the board and fine them as well? It appears from what I understand from those who have lived in the neighborhood longer than I (half the homeowners live in the neighborhood permanently and about the other half own second homes...it is an older lakeside community)that we have been able to work out any issues with a warning letter and then a phone call.

Robin

I thing the situation with this 1/2 demolished home is beyond a fining issue and has passed into a safety issue.

Also do you expect they will rectify the situation based on a few hundred do9llar fines?

This situation has to be kicked up a notch or two. Tell the BOD to stop being whimps and buck up to the task.

Hope this helps.

Why are we not putting a lien on the property? Are they paying their dues or not? Plus there should be language in your CC&R's regarding what happens to property that is burnt down or a loss. It may contain the language your looking for and fall into contacting the home's insurance company. Fines are not going to help as most states you can not lien or foreclose for fines. So it is better if they are not paying dues to place a lien on their property.

Where are you sending these letters? It should be to the HOA address on record. A "courtesy" letter then is sent to the owner if they are outside of the HOA. Legally their HOA address is the one that action has to go towards. Are you even sure you know who the owner is? Check the local tax assessor's office to find out. You may be contacting the wrong people.

If it were me, I'd have a lien on this property and a cerified letter sent out to the home and the owners. An unopened certified letter counts as record of contact. So it will help in your case.

Robin,

I think that the fine is too high.

Instead, try using a smaller fine that accumulates every day the violation isn't remedied. Say $10 per day. Over time it adds up.

Robin,

It looks like you keep doing the same thing but expect different results. The last letter did no good but the next one will. Or the one after that.

As others have stated, this is a public safety issue that is really beyond the scope of what a BOD would normally deal with. After five years it is rather apparent that the owner really does not care about much your HOA or its fines.

You need to take this owner into a court with jurisdiction to issue injunctions and get a court order requiring this guy to clean up his mess in 30 days or less. Forget the fines, the court will award you your costs when (not if) you prevail.

If your attorney did not discuss this option with you, you need to find another attorney.

Quit wasting your time and energy on things that do not work.

I think you have two different issues here. One is a safety hazard. The other is a regular fine schedule.

In California, there are HOA (Civil Code 1357.110, 1357.120, 1357.130) and corporation codes that would cover a fine schedule and surely this is probably also referenced in your by-laws and/or CC&R. I do not know what it would be in Texas. You would have to decide on a one-time and a daily fine schedule. Your state must also had specific requirements for a hearing? Be sure you meet all the elements required for that.

In the case of the half-demolished house, you have a safety hazard. Your HOA IMHO needs to document incidents and report this safety hazard. This has gone on for five years. You should have scheduled a hearing, but what you describe is probably beyond what a hearing can handle.

You might also consider what the problem was in the legal suit that was lost before going forward. Did your HOA get advice from an attorney or your insurance? Was that good advice? Why did you lose? Did you fail to follow the required elements of law?

Your insurance agent should be the source of some good semi-free free advice. They have attorneys and you are paying for the insurance. It might be that you can get the insurance concerned enough to help you or at the very least your HOA should be concerned about the legal liability you have for not dealing with a safety hazard. You could possibly get your insurance to help your HOA perform due diligence in order to prevent legal liability which would likely include filing written documents with city/county and state as well as what written documentation needs to be sent to the owner. In the case of a legal suit, the insurance would have to pay out and at this point you could face a legal suit for injuries at the half-demolished house or you could face a legal suit from the negligent owner. Either way, you need to be in touch with your insurance IMHO.