Enforcing Covenants Without Ability to Fine

We are a Texas based HOA for about 140+ single family homes. The covenants prohibit long term parking (more than a week) of boats, RV's and trailers in the open. They must be in a garage or permanently screened. The HOA can send letters and hope that the owners move or screen the boats, RV's and trailers. The letters state that the HOA can contact its attorney and take legal action if necessary. The HOA has no ability to fine for covenant violations. Anyone have any suggestions on how to encourage the homeowners to comply without taking legal action?

First check the Texas HOA statutes to see if the legislature might have given the HOA the power to fine through the statutes. Other than that, you might consider amending the CC&R's to give you the power to fine.

Already did. The HOA cannot fine if it is not expressly allowed in the covenants.

Yes, Richard. Per Glen: amend your convenants. What % vote is required to approve such revisions? Does TX state laws have a way--through the courts for instance--to achieve a lower %?? (CA does.)

Covenants require 67% approval of homeowners to amend the covenants. Probably unlikely that homeowners would approve fines. Texas law states 67% unless covenants have a lower %.

If moved every 6 days and 23 hours there is NO VIOLATION.

This is why beach 'no parking' always says:

No parking between xxxxPM and xxxxAM (usually 4 hours).

DOH

good luck LEGALLY amending your covenants

We manage an HOA which has these Covenant requirements. The way under their current Covenants has been to have an attorney take them to Court and ask the Judge to make comply with the Covenant restriction plus awarding attorney fees and Court costs be paid by the violator. After receiving a decision from a Judge which requires the violator to pay $XXXX.00 you can publish this information (without identifying the violator). Provide it to all owners to make them think twice before they consider violation of any Covenant restriction.

first, you must document an actual violation

if they show proof of movement, there is no violation

Sometimes, Richard, covenants contain an article that permits Boards to suspend common area privileges for repeat violations, uncured violations or delinquent assessments. We have done this and gained compliance. But do you have such article? And do you have any common area privileges worth suspending?

Has anyone used Facebook or the HOA website to post pictures of the covenant violations? ...a wall of shame?

Personally I don't care about the boats. However if a homeowner complains the HOA must act.
So the constructive comments so far are:

1) Go through the courts
2) Spend money with an attorney and file a lien for the attorney fees
3) Amend the covenants to add fines

Richard

Tough love here but in your first post you said not parked for more then a week.

Then later you posted the Covenant which basically says never.

Then you say fining is prohibited unless specifically allowed

To me this says you need to read and better understand the Covenants. Might well be time for independent legal advice on the issue.

Sorry if this sounds harsh. It is not meant to be.

Check with your state code to make sure that you will be allowed to collect fees and fines. Our state passed legislation that prohibits collecting these if it's associated with violations. We can only recover them with liens, and liens can only be done for non payment of assessments.

Jok

I believe you are incorrect. Read the following link about MD.

http://www.montgomerycountymd.gov/OCP/Resources/Files/CCOC_Newsletters/2012_Winter.pdf

John,

Stick to the point of the OP

1) HOA can't fine, it is not stated in covenants. Texas law allows HOA's to fine BUT only if stated in covenants.

2) Covenant requires boats, campers etc. not allowed in the open. [Sorry I used the word "parked"]

3) Homeowners complain, per the covenants, the HOA is required to act.

Q: How does the HOA enforce a covenant, without the ability to fine?

I received 3 ideas:

1) Go through the courts
2) Spend money with an attorney and file a lien for the attorney fees
3) Amend the covenants to add fines

Can you add anything else that is constructive?

Thank you.