Enforcing. By-laws

Our documents have a clause stating that prior non enforcement can not prohibit enforcement. It is not worded exactly like that but the meaning is the same. Do your documents have a similar clause.

If so then I would say yes, and the letter to the owners is a good plan. In my opinion you just need to inform the owners that going forward the rule(s) will be enforced.

When we started requiring lease agreements per our documents we did excempt any owner who had leased their unit and the Board was aware that the unit was being leased.

Unless mistaken, your fining authority comes from the CCRs, not the Bylaws.

Your fining schedule should be in the association's Rules and Regulations, which is created by the BOD.

Fines can be used for liens, just have to know how to accomplish this.

And... Does it define the how and how much? No. Hence why you need a fining schedule above and beyond just having the right to.

Are you sure this is not in reference to late dues? That is because it says: Section "IX". What you posted earlier was from section "X". So one would have to read section 9 and not 10...

Melissa,

Was wondering, if this is referencing late fees, how would a homeowner work with with OTHER homeowners to resolve that conflict?

Cindy,

If you are talking about exterior changes that need to be grandfathered in, what type of things are you discussing (paint color, decks, etc.)?

I also don't know if you are on the Board who will be doing the enforcement or a member who is considered in violation.

If you are a member considered in violation, my suggestion would be to:

a) bring the issue into compliance.
b) strike a deal that the item can stay as long as it is properly maintained and when it needs replaced will be replaced with items in compliance or it will be replaced when the property is sold.

If you are on the Board or a Committee:

One thing our Architectural Committee (the approving authority and enforcement arm of our Association for exterior changes) was:

1) Organize our Architectural records (file folder for each lot, general info into appropriate folder.

2) Search Association records (past minutes, etc.0 for approvals/disapproval's and placed them in the folders.

3) Inspected each property and identified any and all changes to each property (took pictures too, as this helped everyone know exactly what was being identified).

4) Compared the inspection sheets to the information in the individuals folder.

5) For those items that would likely have been approved, we created a new approval form and sent it to the member (along with filing it in the Association records).

6) For those items that likely would not be approved, we informed the owner and asked to provide a copy of the approval or remove the item.

7) Informed the membership that annual inspections would be started to ensure compliance with governing documents (gave them 6 months warning).

8) Stated enforcement process through our inspections which had three categories:

Concerns - The inspector noted that the following items showed some wear and tear. As a courtesy, these items are being brought to your attention. (These were anything that caught the eye of the inspector)

Maintenance Required - The following items are in need of maintenance as described. Please perform the necessary maintenance prior to next year’s annual inspection. Failure to resolve any item identified as Maintenance Required by next years annual inspection will result in that item to automatically be identified as a violation on that inspection.

These were things that might take some time to complete due to raising funds or hiring a contractor. Typically painting of the house or replacing fences.

Violations - Member had 30 days to bring issue into compliance. These were things like landscape (weeds), painting of porch railing, decorative items not approved, etc.