CCR Subject Explained

I am the President of our HOA which is in Indiana. By state law, we can't fine owners who violate the CCR's. So, with that said, can someone explain to me what is meant by the following section in our CCR's. As you can see, there is a clause for Special assessment for convenant enforcement:

10. Assessments

A. - Creation of Lien and Personal Obligation of Assessments.
Each Owner of any lot in the Development, except the Declarant and the
builder, by acceptance of a deed therefore, whether or not it shall be
so expressed in such deed, is deemed to covenant and agree to pay to
the Association the following:

(i) One-Time assessment at closing by each home buyer,
including re-sales of homes;

(ii) Annual assessments or charges;

(iii) Special assessments for: covenant enforcement,
capital improvements and operation deficits, copies
of Association documents if requested by a member; .
such assessments to be established and collected as
hereinafter provided or established by the Board.

What does that special assessment for covenant enforcement mean?

Thanks

I don't agree that it automatically means a "fine". My first thought on reading it was that it allows the HOA to charge the homeowner for any administrative fees (attorney fees, filing fees, etc) that go along with CC&R enforcement. If the HOA has to hire a contractor to correct the violation, they can charge that to the homeowner as well.

I do agree that the wording is currently vague and should be cleared up.

The other idea that is probably legal is to use the most expensive way possible to send notice of a violation and then bill the homeowner. Consider a singing telegraph.

Hi Mark:

I would suggest that you ask the Association's lawyer for an interpretation of how that can be applied, if state law does not allow for fines. It may mean that you're allowed to sue and recover the legal costs, to enforce the covenants...but check with your attorney.

J. Patrick Moore, CMCA