Enforcing Rules/Regulations

Jim, I understand your frustrations. Some of the procedures you described are necessary but some the the time durations could be shortened IMO. Our normal procedures are:

The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent shall digitally photograph potential violations. An information notice will advise the homeowner of the potential violation or problem. If the problems is not corrected within 10 days a Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation.

To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Hearing committee meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. Complaintants will also be notified and heard. After the Hearing the owner will be advised in writing of the Board's decision.

When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs.

Ron:
I probably did not make my point the way I wanted.
We have established rules/regulations that spell out the fining process, but my concern is how you can effectively enforce them if you have to give fifteen day warning, then fifteen days more when they don't comply, then the process takes you to a hearing notice, etc. etc.
What happens if they fail to submit an arc request? They have already performed the work before the board is aware. I want to fine them up front the immediate $25.00 and not go through the long process.
The MC says we have to follow the established guidelines, which on items like the arc request is a waste of time.

Jim

Most states have a Planned Community Act and fines can only be assessed according to that Act. North Carolina just had their Act amended January 1, 2006 to $100.00 per day. Therefore if an Owner did not comply after the first letter, the board could take the Owner to a Hearing. After making a decision, a notice would go out to the Owner according to that decision. Check with your states Planned Community Act and follow that, you can't go wrong.

I can understand having all these periods for certain things, such as a homeowner who builds something not in compliance with the CCRs who may have done it because they did not know or understand a complicated set of CCRs or the CCRs are vague (ours sure are) as to what to do or how. A time period may be needed for correction, especially if it is going to cost the homeowner money. What I don't get is all the warnings for ongoing and repetitive activities, like picking up after your dog. This is not a "correctable" violation; it is an activity that needs to be stopped. Our association is not gated and I have found that when there is a city ordinance governing certain things, there is a better response when the activity is brought to the attention of the city. They can move faster and our property taxes are utilized to enforce those ordinances.