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GloriaL (Georgia)
Posts: 195
Posted:
Our New Board of Directors has instituted a Community Enhancement Committee and charged them with walking the neighborhood to make certain everyone is in compliance with our Covenants. Our Association has only taken over from the builder for approximately 3 - 4 years, and this is the first year that the CEC is established. A few violations have been issued (stating the violation and the Article it falls under) and giving the HomeOwner 14 days to remedy the violation, or reply to the CEC with written plans to remedy. Most have complied, but not all. We have no authority under our Declaration, By-Laws or Covenants to issue fines, only to enter upon the property after 14 days and address the violation, the cost of which, plus legal fees, will be billed to the HomeOwner. Any thoughts on how to mandate HomeOwners to comply without entering their property? Violations are such as: unpainted front door, peeling paint from front of house, trash receptacles stored in view from street, boat stored in view from street, broken front light, missing shutter parts. We are a very small Association with limited funds. If the Association must outlay funds to rectify a violation, plus legal fees, we will be operating on fumes. Also, how does the Association physically enter someone;s property to replace a front light fixture, paint a door or roof? Our course of action seems extremely limited. Any thoughts or help? We are in Georgia if the laws there are different to other parts of the nation.

HaroldS1 (Arizona)
Posts: 314
Posted:
Gloria - entering owner's property has just been very much discussed here lately. You could do a search and recover and read those threads.
Mainly most advised against entering someone else's property without a court order and the sheriff. You risk too much, from bodily harm and/or a lawsuit for damaging some other piece of "valuable" property while you or your contractor are on the property. Even the police will not enter someone's property without their permission, a court order or in an absolute emergency. Harold
GloriaL (Georgia)
Posts: 195
Posted:
Thank you, Harold, for the info. I am new to the site, and as you suggested, did search and turned up a thread dated 6/9/07. Our BOD is having a meeting next week to discuss how to handle unremedied violations, and entering someone's property makes me very uncomfortable. The developer did put in that clause, but that doesn't help us now that the developer is gone. We do not have the authority to institute fines, and I am not certain the Community would vote to amend the Covenants to allow that option. First warning notices have been sent to violaters, and the second round of notices to those who did not remedy should be going out shortly. In some other research, I found some Associations asked unremedied violaters to come before the Board to discuss violations and remedies. Again, if we cannot fine, and do not want to "trespass," can anyone offer any suggestions on how to proceed so that the Board is not viewed as totally ineffective?
GloriaM (North Carolina)
Posts: 829
Posted:
Gloria:

I would never suggest entering someone's property to make any repairs, unless the home went into foreclosure and the lawn needed mowing. Throughout that limbo stage of foreclosure until the bank takes Title, we have found it necessary to mow the lawn and bill the bank for it until the home sells again.

However in your situation, I am sure either in your governing documents or Georgia's Planned Community Act, it allows for a Hearing or mediation of some sort to bring the Owner into compliance.

You would need a judgement, a sheriff and a court order to enter a property to make any repairs. I would suggest mediation first.
GloriaL (Georgia)
Posts: 195
Posted:
Our CC&R allows under "Enforcement" that the Board of Directors..."shall have the right to enforce, by any proceeding at law, or in equity, all restrictions, conditions, convenants..." Under the same Article and Section is also listed the right of abatement to enter a HomeOwner's property to remedy a violation. This second Section is so very uncomfortable for me, and not something which I support our Board in doing. If we ask the violating HomeOwner to meet with the Board to discuss the issue, and that offer is refused or ignored, yet the violation still stands, should our attorneys become involved with a demand letter for compliance...all at the HomeOwners expense? Should a notice of this procedure be given to all HomeOwners to apprise them of this new avenue for compliance. As I said before, this is the first year that we have a Community Enhancement Committee which is trying to bring everyone into compliance and we are forging new roads. It has been my adamant position that all HomeOwners must be held to the same standards by the CEC when sending out violation notices and seeking compliance.
GloriaM (North Carolina)
Posts: 829
Posted:
I found the information below from a law firm in GA. Since I am unfamilar with GA laws, the below states that GA does allow for legal actions. I hope the below from WNCW Law Firm in Atalanta helps:

• Legal Action and Injunctions. If boards of directors are unable to get violators to correct their violations, then Georgia law generally allows boards to bring lawsuits against violators to either compel the violator to comply with the community's legal documents or to enjoin a violation. For example, an association may seek a court order requiring an owner to repair and paint a deteriorated home or to remove an unauthorized addition or modification to the home, or an injunction against leasing a home in violation of a leasing restriction in the community's legal documents.

In all cases, the most effective enforcement starts with communicating with the violator to try to get the violation corrected. If these disputes can be resolved as good neighbors, then the other enforcement remedies become unnecessary. However, this is not always possible. It is important for boards to know that covenants are enforceable and to determine the powers available and appropriate for each situation.

With an understanding of what powers are available under a community's legal documents, it then is important that the board be diligent in enforcing the covenants. Boards of directors must be cautious to enforce covenants in a consistent, non-discriminatory and timely manner to minimize the risk of challenges based on statutes of limitations, selective enforcement or laches. If the association does not take action at its earliest notice, it risks being prohibited from enforcing the covenant at a later time.
GloriaL (Georgia)
Posts: 195
Posted:
Gloria M., thank you for that info. I am very familiar with the firm of Weissman, Nowack, etc. as they are the attorneys for our Association and had been instrumental in collecting a large sum in deliquent dues. I have forwarded all this info on to the other Board Members, and we will discuss our options further at our BOD Meeting next week. I am so very glad to have found this website. You all have been very helpful. Hopefully, our issues will be resolved with very little effort...

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