Enforcement policy

Started by TomA6 • 2 replies • 1279 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TomA6 (West Virginia)
Posts: 3

Posted:

Our bylaws need help, what can we do?? Example our enforcement policy says that the HOA can impose a fine up to 25.00 a day, the law says that the HOA can only fine a maximum of the annual assessment which in our case is 100.00 a year, therefore our enforcement policy is against the law....so now what? Trying to get people to show up to a meeting is impossible, and this is just one problem, the CC&R's are over 20 years old, and many of them are in conflict with local and federal laws, We have no money and really cant afford a Lawyer to have them fixed. Options?? Thanks. Tom

TimB4 (Tennessee)
Posts: 21,062

Posted:

Tom,

Although you can amend the governing documents, you aren't required to.

Since there is a conflict between the governing documents and the Law, the law must be complied with.

If you are considering revising your governing documents I would suggest the following procedure:

1. Form a committee of Homeowners to make the initial draft.
This committee would identify the conflicts between the docs and applicable laws.
This committee could then review similar associations governing documents for suggestions.
Based on this information, the committee would then create an initial draft for the Board
(I would suggest a draft showing the old version and new version on the same page).

Note: By forming a committee, there is a higher chance of approval because the members feel that they had a say in the process.

2. Board reviews initial draft and makes changes creating a draft document.

3. Hold a meeting for membership feedback
Board publishes draft document and holds a meeting of the membership for the sole purpose of members to provide feedback and for the Board to answer any questions.

4. Board reviews membership feedback and makes changes based on the feedback - creating a draft proposal.

5. Board sends draft proposal to Association attorney for review and comment
This costs less than simply having the Attorney start from scratch.

6. Board makes changes based on legal review and creates proposed amendments/documents

7. Board publishes proposed document and calls a meeting for the general membership to vote

8. If adopted, the board signs, records with State/Counte and publishes amended document.

When we last did our documents in 1993, it was a year to 2 year process. We also voted on the entire package as a whole, vs each amendment individually.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TomA6 on 11/19/2013 3:39 PM
Our bylaws need help, what can we do?? Example our enforcement policy says that the HOA can impose a fine up to 25.00 a day, the law says that the HOA can only fine a maximum of the annual assessment which in our case is 100.00 a year, therefore our enforcement policy is against the law....so now what? Trying to get people to show up to a meeting is impossible, and this is just one problem, the CC&R's are over 20 years old, and many of them are in conflict with local and federal laws, We have no money and really cant afford a Lawyer to have them fixed. Options?? Thanks. Tom

Tom

According to what you say, $25.00 per day is not against the law. Only when the $25.00 per day exceeds $100.00 (on the 5th day) is it against the law.

When a Covenant/Bylaw is against the law, the law overrides. Most docs say so thus no legal need to change the docs. Yes, it can lead to confusion when someone says well our docs say so and so when they are out of date and the law says otherwise.

Trying to keep all things up to date might not be worth the cost.

My answer to you is if no money, wait until someone sues then countersue. It could be cheaper in the long run then updating ($$$$$$) now.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here