HOA CC&R's with no penalties - Oregon

Hello, All.

I haven't posted for a while, things have been pretty calm.

Here is our situation: Our CC&R's have no penalties for non-compliance. I'm not referring to leaving your trash can out overnight, etc.
We have a lot owner that is wanting to put a duplex on two adjoining lots, facing each other, with a common driveway. He has been told his lots are too small. He replied that he already had the go ahead from the city, and wasn't asking for permission from the HOA.

I called the city planning department, and he had not given them the complete information. I agree, they should have looked it up beforehand, but we live in a small town with a small communtity to our HOA (19 lots total). The city now has a copy of our CC&R's and more information. I advised the lotowner that the HOA has final say over all construction and the city agrees.

Currently the only fee we have is a 25.00 reconnect fee if the residents water is shut off, or if they use too much water in a month.

My question is: Is there guidelines to a fee structure for an HOAto impose for non-compliance?
Right now, we rely on people's following the rules by their honor.

Please help. If someone in Oregon can assist, all the better.

Thank you all very much.

Happy Friday!

James

You would have to write your own policy on penalties and fines, and since your CCRs don't say how the Association is to enforce them, you'll probably have to add them to your documents, and that will likely require homeowner approval. If that's what you want to do, start talking to your association attorney - he or she may need to check state statutes to see if fining is even allowed.

In the meantime, homeowners can enforce the CCRs against each other, so a neighbor, or several, or the association itself could take legal action against the homeowner if he insists on building this thing. Doesn't mean you'll win - that'll be up to a judge and if you lose, you'll have to decide whether to appeal and deal with the additional time and expense that may require.

If the association wants to take action, it's best to speak to your attorney about its options. You might not want to pay the fee, but that's what lawyers are for. Besides, most of us aren't attorneys and what's true in my state may not be the case in yours (and I always say it's usually not a good idea to act on legal advice you get from the internet....)

Yes, he is, and no, they aren't!! I emailed the city and told them the plans aren't approved.

Thank you,

James

I agree - your timeline requires quick action.

Spend the money and stop the build in its tracks

Typically, CC&Rs do not have actual penalties within them.
They do, typically, specify that the covenants can be enforced through the courts.

Considering that this is a home being built, I strongly recommend going through the courts and going now.
Start with your attorney.

That's how my HOA's covenants are. I agree with Tim. Waste no time. Monday's almost over.