Bi-Law Violations...what to when rules are not enforced?

Started by MindyR • 6 replies • 1537 views

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MindyR (North Carolina)
Posts: 47

Posted:

In this particular situation several home owners are in violation of a particular bi-law. They have been since the homes where built, our development is about 3 years old. The board is now trying to enforce the bi-laws. I feel like most homeowners are behind the board, we understand that rules are in place so our community remains beautiful and our homes continue to increase in value. But of course there are a few owners that are complaining. And I (who am not in violation) see the argument on both sides............one side wants everyone to follow the rules- no exceptions. You did recieve a copy of the rules when you moved in. But on the other hand.....when you've been in violation for so long, and no one has complained or inforced the rules should have to fix your violation?

Thanks!

RichardR2 (Washington)
Posts: 3

Posted:

There are a couple of ways to handle this. Does your association take a pro-active or re-active approach to handling violation. Pro-active would be that the board of directors looks for violations, investigates them, brings it to the board meeting for the board to vote on, and then does what the board votes. IE: send violation letter, or no violation has occurred.

Re-avtive would be the board only acts if a property owner files a complaint. A board member may file a complaint as a property owner.

I live in an association where the covenants where not inforced for many years. As a result thing got way out of control and went downhill. In the last 2 years we have started enforcing our covenants and picking off the violators one by one. As a result we are making good progress and the homeowners in compliance are very apprecative and supportive. We take a pro-active and re-active approach.

Your association must have a good attorney to make this work.

Good luck,
Richard

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MindyR:
In quoting you...'several home owners are in violation of a particular bi-law. They have been since the homes where built, our development is about 3 years old. The board is now trying to enforce the bi-laws...'

When a community is 'new' and the developer is still 'selling', the developer is usually involved with the 'temporary' Executive Board, and he can be the President and/or appoint his own people to be the Board. Usually there is no Architectural Committee at this time to oversee approvals or disapprovals of outside changes--therefore, no one to say yes or no.

Therefore, IF the home owners made changes during the time of developer's control prior to him turning 'over' the assn. to the unit owners, then, IMO, these changes could possibly fall under a 'variance' or be 'grandfathered'. For the developer to allow and not oppose, would seem that the changes made early on should stand.

However, going forward with an Exec. Board and Architectural Committee of community residents will allow you to now follow the bylaws and rules/regs with notice of violation and a hearing at resident's request prior to fining. Check your docs for the process to follow.

Also, some states' Planned Community Act documents dictate a time period after which you cannot send notice of violation, if a notice was never sent at the onset. Check your state's document.

This is a very difficult time for a new community to get their bearings on how/when to enforce. Good Luck and keep us posted!

MindyR (North Carolina)
Posts: 47

Posted:

Thank you all so much for your input and comments....I'm starting to see the light at the end of the tunnel. Our Board at this time only reacts to complaints. I don't beleive they are ever pro-active to any problems. But I feel like they are trying to change that. Can anyone suggest any books or websites where I can read up on North Carolina laws??
Thanks so much!

MindyR (North Carolina)
Posts: 47

Posted:

Did some research and found North Carolina Planned Community Act, in the NC General Statutes. This act under North Carolina state law is what any association should be following....correct?? Thank you all for your comments, I'm new at this and just want to follow the laws correctly. I don't believe our present board is very educated on the laws.
Thanks again!

HaroldS1 (Arizona)
Posts: 314

Posted:

This act under North Carolina state law is what any association should be following....correct??>>>
Mindy - yes, especially if your documents conflict with state law. State law prevails. Harold

MindyR (North Carolina)
Posts: 47

Posted:

Thank you all so much...this discussion forum has been very helpful. Looks like I have some studing to do. I'll keep you posted!

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