BrianC11 (Georgia)
Posts: 1
Posts: 1
Posted:
The Board of my HOA is getting more aggressive with fines in the neighborhood for (1) not bringing garbage cans off the street soon enough and (2) parking. I'm a former board member. I'm not violating any of these rules, but some of my neighbors are coming to me for help.
Our By Laws are written to allow for (1) time to resolve and (2) a hearing. This works for violations like lawns not mowed where the Board will say: "Mow your grass by a certain date or face a fine." However, this fine doesn't work for parking, garbage cans, excessive dog barking-- which are repeated occurrence problems. (For example, you get a 15 day notice for parking. Pull car in driveway for the night and put it right back on the street in the morning). I've always questioned whether the per occurrence fine was allowed in our By Laws. The only way I can see the Board having the authority is under the "Authority to make Rules / Regulations" -- which doesn't specify any additional / different fining procedure.
Any thoughts? Our By Law is below.
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Our By Laws state:
3.21 Fining or Suspension Procedure. The Board shall not impose a fine (a late charge shall not constitute a fine) or suspend an member's right to vote or to use any part of the Common Property unless and until the following procedure is followed:
(a) Notice. Written notice shall be served upon the violator by first-class or certified mail sent to the address of the member shown on the Association's records, specifying:
(i) the nature of the violation, the fine or suspension to be imposed and the date, not less than 15 days from the date of the notice, that the fine or suspension will take effect
(ii) that the violator may, within ten days from the date of the notice, request a hearing regarding the fine or suspension imposed;
(iii) the name, address and telephone numbers of a person to contact to challenge the fine or suspension;
(iv) that any statements, evidence, and witnesses may be produced by the violator at the hearing; and :
(v) that all rights to have the fine or suspension reconsidered are waived if a hearing is not requested within ten days of the date of the notice.
(b) Hearing. If a hearing is requested, it shall be held before the Board in executive session, and the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. No fine or suspension shall be imposed prior to the date that is five days after the date of the hearing.
Our By Laws are written to allow for (1) time to resolve and (2) a hearing. This works for violations like lawns not mowed where the Board will say: "Mow your grass by a certain date or face a fine." However, this fine doesn't work for parking, garbage cans, excessive dog barking-- which are repeated occurrence problems. (For example, you get a 15 day notice for parking. Pull car in driveway for the night and put it right back on the street in the morning). I've always questioned whether the per occurrence fine was allowed in our By Laws. The only way I can see the Board having the authority is under the "Authority to make Rules / Regulations" -- which doesn't specify any additional / different fining procedure.
Any thoughts? Our By Law is below.
---------
Our By Laws state:
3.21 Fining or Suspension Procedure. The Board shall not impose a fine (a late charge shall not constitute a fine) or suspend an member's right to vote or to use any part of the Common Property unless and until the following procedure is followed:
(a) Notice. Written notice shall be served upon the violator by first-class or certified mail sent to the address of the member shown on the Association's records, specifying:
(i) the nature of the violation, the fine or suspension to be imposed and the date, not less than 15 days from the date of the notice, that the fine or suspension will take effect
(ii) that the violator may, within ten days from the date of the notice, request a hearing regarding the fine or suspension imposed;
(iii) the name, address and telephone numbers of a person to contact to challenge the fine or suspension;
(iv) that any statements, evidence, and witnesses may be produced by the violator at the hearing; and :
(v) that all rights to have the fine or suspension reconsidered are waived if a hearing is not requested within ten days of the date of the notice.
(b) Hearing. If a hearing is requested, it shall be held before the Board in executive session, and the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. No fine or suspension shall be imposed prior to the date that is five days after the date of the hearing.