When Fines Aren't A Deterrent

I'd appreciate some advice on how to deal with a homeowner who pays fines but continues to violate our covenants. Our Declaration clearly states that above-ground pools are not allowed. We have one homeowner in the development who has apparently been putting up an above-ground pool every summer for a number of years. This is my first summer on the board, so I had no knowledge of this previously. Our documents allow for a fine of $25 per month for violations. But what actions can the board take if the homeowner pays the fine each time it's assessed, then continues to violate the Declaration? I've been told by other homeowners that the person in violation has stated that, "It's worth paying the fine so I can keep my pool." We don't have any provisions in our documents to address this type of situation. Any suggestions would be really appreciated.
Thank you.

Peny, do your doc's speak to escalation of fines, based on frequency...? (first offense $25 per month, second offense $50, etc...).

Also as the previous poster noted, is the possibility to increase the base amount of the fine? While I do not particularly like that idea (makes the burden on other owner's greater for an infraction habitually disregarded by one), it is a possible method toward enforcement.

Since this is a "above ground" pool does your local jurisdiction have any authority (health department, permit/zoning departments, etc).

... shaking my head at an owner who would rather pay a continuing fine, instead of addressing the issue head-on. Wonder if you can get him to pay other folk's fines, since he has money to toss away...

Peny:

I like the idea of looking at escalating fines first. I am sure at some point you could take him to court to get an injunction, but that would be costly too. There has to be a way to escalate fines to make it sting. I agree, $100 isn't bad to be able to swim all summer, however, if it gets 2 to 3 times or more than that he may think twice.

See attachment on R&R for Enforcement of Covenants and Rules

We're in Pennsylvania. Our Declaration allows for fines up to $5.00 a day for violations. Current Rules and Regs have fines set at $25.00. Thanks for the link, Roger. I'll look it over and see if it gives us any relief.

Peny

PenyW: Your latest response raises other questions...

Your community's Declaration, the official document, states 'up to $5 per day' on violations--your Rule sets 'fines at $25.00' (per day/per month/ or per season, what ???),

- how was the rule created and by whom
- why does the rule not follow the dictates of the declaration

I know these questions do not address the current violator-member situation, but it may be important in the overall solution....

Peny gave the most important reason - their CC&Rs currently prohibit them

Hi Peny:

$25 a month is little to no deterrent for most people. If your documents allow up to $5 a day, it may be worthwhile to restructure your fine schedule. There's a large difference between $25 a month and $150 a month. If you want to look at a nice fine schedule procedure from Oregon, check out www.fhhoa.com > Documents tab > Governing Docs > Policy Resolution #3.

Also, do your docs or state law allow the HOA to go to court to get an injunction against the owner? This may be more effective (especially if the owner would have to pay court costs). Look in your declaration under "enforcement."

J. Patrick Moore, CMCA