How to enforce CC&R's?

It really depends if your HOA can issue fines or not. Some can and some can't. If you can issue fines, then you have to have a "Fining schedule". Which basically breaks down violation/fine amount. Example: Garbage can left out on wrong day. That is $25 a day. Max fine $100 etc...

Now my HOA if you are in violation, we don't issue fines. Instead we issue a warning to fix the violation. If they do not fix it, then the HOA can fix/remove the violation. However, we charge the owner the amount we paid to do it. Now if they refuse to pay that bill, then we lien them for that amount.

Each enforcement has it's issue. Make sure to give an opportunity to defend if possible. Each situation is different. Also keep in mind the HOA can't fine a Renter. They can fine the owner for the renter's violations.

Realistically, if the garage is already built and the Association did nothing during the build process, you are likely stuck with it.
However, if, during the build process, you issued a cease and desist order (citing the governing documents), you may have some leverage in court.

Typically, of the issues surrounding permanent out buildings that I've read about, this will be an issue the Association will need to take through the courts.


This is where monetary penalties may be helpful.

However, you may have to have such language authorizing monetary penalties within the CC&Rs to withstand legal challenges.


For this, I'd contact the health department and let them handle it.


The Association needs to develop a written enforcement policy.

A Typical policy is:

1) Informal warning (verbal or written)
2) Formal warning (written with x days to comply)
3) Hearing before the Board or enforcement committee
4) Monetary penalties start to occur (if authorized)
5) Legal action through the courts (and perhaps liens/foreclosure options for any nonpayment of fines - however laws vary from State to State and such action for fines may not be allowed).

Also, there are times, such as in the case of the Garage being built, that the Association may need to expedite the process and even bring legal action as a first step (injunction to stop all work) to protect it's options.

Yes can ask them to tear down ... Question would be if was in my state when was the "detached garage or guest house" built? ... If it has been a year or more the HOA would be out of luck per our State Law if not already addressed.

Pets and rubble ... If your documents do not address, then these are items which also might fall under your local City or County ordinances. Most City or Counties limit the number of pets and the trash around is also addressed in ordinances.

Those are Board Officer positions. Which often can make up a board. However, in some HOA's a board consist of Officers and general board members. Kind of a "Member at large" kind of thing if you want that 5th position.

Generally your members elect the board. The board then elects amongst themselves the officer positions. Our HOA was so apathetic that you pretty much just told members what position you wanted and got it.

You don't necessarily need a lot of board members if your HOA is rather apathetic or small. I recommend 3 to 5 members as a minimum. Once you get to a larger number it becomes harder to fill consistently due to apathy or disinterest issues that tend to ebb and flow with any HOA. Matter of fact our HOA had 107 member. It required 7 board members. We barely got 7 people to show to a meeting! So we reduced that number in our re-write so that future boards aren't under the pressure of quorum requirements when only 3 people really do the work.

Thank you for this, Tim. I'm going to use this to help develop our own enforcement policy.

Would these five postions suite then?

President
Vice President
Treasurer
Secretary
Board Member

The board member, I assume, would have no other responsibility than voting. Kind of like an "officer in training" LOL.

Douglas,

In incorporated HOA's, the common practice is for the membership to elect those who serve on the Board of Directors. Those people are known as Directors and their function should be to set the course for the HOA by adopting its policies, setting a budget, and managing the overall finances. Each director has powers, duties, and authorities equal to every other director. In the real world of business corporations, a board of directors may as seldom as once a year. Only directors may vote at meetings of the board, however Arizona state law requires the board to allow homeowner members to attend and speak before a vote is taken.

Officers are the persons who are supposed to run the corporation on a day-to-day basis. In the HOA realm, the board of directors appoints the officers; it is not common for the general membership to vote for them. Common practice is to fill the officer positions from the ranks of the board of directors, in which case each officer is also a director - although not each director may be an officer. Officers are limited in their powers and duties by the bylaws. In the real world of business corporations, most officers are paid employees of the corporation but not members of the board of directors.

In Arizona, as in many other states, meetings of the board must be announced in advance, have a posted agenda, and be open to any homeowner who wishes to attend. Officers have no such requirement when exercising their duties.

Threads going off into related tangents are typical.
Example: Too many pets - FHA guidelines concerning animals

However, if it's a new topic (covenant enforcement - Election of Directors) it is best to start a new topic with that heading. This helps those with similar issues to quickly find the topic.

Tim

I'm sure he figures our association is the equivalent to that right now. He suggested 5 simply because it's an odd number and would prevent ties in votes. It doesn't make sense at all to eliminate an officer in order to go to three.

My problem is still the terminology and how it pertains to us specifically. Just about time I think I have an understanding I read something that muddies it up again.

I have scheduled a Board meeting on tuesday night to discuss many things.

Before I ask another question, I'll go start a new thread!

From the conversation it appears you are a newly elected BOD of 4 Directors; however, your attorney suggests 5 Directors to prevent voting ties. Potentially the current 4 Directors would vote for the 5th Director to serve until your next election. At the next election the membership will vote for 5 instead of 4. This is also what would happen if your have a Director resign in the middle of their term for some reason. The others would replace with someone of their choice to serve until the next membership meeting to vote for new Directors.

You also need to make sure exactly what your CCR's and/or Bylaws contain and your BOD along with your attorney may need to put forth amendments if needed to documents noting desired Directors. Again, as I noted above and as Larry stated I am surprised you have so many for a small HOA. Down the road you might encounter possibly apathy or burnout. Many much larger HOA's can have problems filling 5-7 Director positions with 100+ Owners.

Thanks for the answers!

This thread was about enforcing the CC&R's. Two things have been mentioned: A fee schedule and an enforcement policy. It was then said that I needed to make sure the CC&R's allowed for these things.

I found this verbiage:

The Board of Directors shall have the right to adopt, amend and repeal rules and regulations pertaining to the operation, management and use of the Common Area or the operation of the Association.

Does that sound like the BOD can create and adopt an enforcement policy and a fee schedule?

AND, does it mean they could also modify both in the future if needed?

Again, thanks in advance!

I agree with Janet. However, nothing the board does in this regard may conflict with or contradict anything in the higher level docs, i.e., the CC&Rs; Articles, or Bylaws.