Fine or Fund when maintenance is needed?

Professionally managed, twenty-five (25) year old neighborhood of 314 properties in north Florida connected with a greenbelt - four types: Paddocks (2 acre), Interior Homes (1/4-1/2 acre), Bungalows (1/8 acre) and Cottages (about 1000 SF house). Nicely built out with non-main road access to medical, grocery, restaurant, etc)

Over the last 10 years the BoD has used the fining process to motivate owners to maintain their properties - the usual inspections by the PM with Board representative involvement for oversight. Nice note, followed by fines, negotiations, etc. While this has worked OK for the most part, our CCRs allow for the following:
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Article V
Section 11 - Maintenance. In the event an owner shall fail (after thirty (30) days written notice from the Association, the ACB or the ARR sent United States Mail, postage prepaid) to maintain a Lot or to maintain the improvements situated thereon in a neat, clean and orderly fashion and otherwise satisfactory to the Board of Directors of the Association, the ACB or the ARR may have the the right, through its agents, employee, and contractors, to enter upon said Lot and to repair, maintain and restore the Lot, and/or exterior of the building or any other improvements erected thereon. The cost of such maintenance, together with interest at the maximum rate then allowed by law (if not paid within ten (10) days after written demand therefore), as well as reasonable legal fees and costs, shall be a charge on the Lot, shall be a continuing lien on the Lot and shall also be the personal obligation of the Owner of such LOT at the time such maintenance is performed. The Association shall have the right to collect such amount, as well as reasonable legal fees and costs, in accordance with the procedures set forth in this Article for the collection of assessments, as well as such legal or equitable remedies as might otherwise be available.
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Interestingly, this mixes the architectural control process with the maintenance process - but, this doesn't affect the management as long as everything is methodically done.

To avoid being long winded -
Scenario 1 - owners of the few lots left (some 1/4 acre and some 2 acres) are unresponsive to the first friendly note, and then even to the threats of fining - taking a lot of time and effort to track. Is the Section 11 shown above, an easier way to simply mow and trim the violating property? Skip the fining, and simply complete the work, then lien the property? (would this generate faster action than the threat of fines, etc)
Scenario 2 - owner of a house that is covered in mold doesn't act on the letter. Easier to simply have it washed and bill/lien the owner?

Looking for best practices for these situations.

Thanks!

George

What you are saying is the association has the right o trespass on the property to correct the situation. while our docs allow the same thing, I would not want not want to be the one venturing foot on someone's property no matter my right nor my armament.

Good luck on getting someone to do the work even when you are right.

We were told by our attorney not to enter the property without a court order to do that type of work. Otherwise, those who enter could be charged with trespassing. Additionally, there are issues with finding any contractor who would enter property and perform work without the permission of the owner or resident.

My advice, seek a legal opinion if you are looking at doing the work and not go through the normal enforcement process. Otherwise, follow the process.

Be careful with self-help remedies. Most HOAs have such language in their CC&Rs. Most lawyers will tell you to be very very careful in exercising it. I've heard some advise not to go onto a homeowner's property without a court order in hand and a sheriff by your side. There are contractors and vendors who will refuse to enter onto a lot where the homeowner has not given explicit permission.

Maybe safety concerns are lessened if it's an empty overgrown lot and the intent is to remove trash, cut grass, cut back weeds and trim trees. I'd still consult an attorney first.

Fining is another way you could go about obtaining compliance.

Article 5 section 11 states "may have the the right". I would make sure you had attorney involvement because to me that means you may have the right and you may not have the right to enter the property. If you had an absolute right to enter the property I think it would say shall have the the right.

George,

The question for the attorney should not be can we enter to do maintenance?

The better question would be:

What process must the Association follow in order to enter a members property to perform maintenance and charge the homeowner for the costs?