Imposing Fines

Started by MelissaJ5 • 8 replies • 448 views

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MelissaJ5 (Texas)
Posts: 34

Posted:

We have a house that has been under construction for 3+ years in our community and it has become such an eye sore and a huge point of contention between neighbors and the board. This unfinished house has imposed numerous issues and our covenants basically give us no authority to impose fines. Contractors are rolling their heavy machinery over other people's lawns! It is just a nightmare! They are violating our covenants but we still have no real recourse. Any thoughts or ideas on this would be appreciated. I would like to update our covenants so that we do have the authority to impose fines but I have a feeling it will be met with resistance.

SheliaH (Indiana)
Posts: 6,964

Posted:

You won't know how people will react to the idea of a fining policy unless you suggest it, so speak up and see what happens.

As for the house, has anyone gone to the would be homeowners and ask why it's taken so long? If not, why not? The neighbors can hold the contractor and/or homeowner responsible for lawn damage, so you may suggest they contact a private attorney.

However if the lawns are common area that the association is responsible for, you can fix it and Bill the owner. If he/she doesn't pay up, you may need to put a lien on the property or file a lawsuit.

Before you do anything, talk to your association attorney about your options. Also ask him/her about fines -are they even allowed in your state and if so, what are the best practices for an association?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MelissaJ5 (Texas)
Posts: 34

Posted:

Quote:

Posted By SheliaH on 08/15/2020 12:59 PM
You won't know how people will react to the idea of a fining policy unless you suggest it, so speak up and see what happens.

As for the house, has anyone gone to the would be homeowners and ask why it's taken so long? If not, why not? The neighbors can hold the contractor and/or homeowner responsible for lawn damage, so you may suggest they contact a private attorney.

However if the lawns are common area that the association is responsible for, you can fix it and Bill the owner. If he/she doesn't pay up, you may need to put a lien on the property or file a lawsuit.

Before you do anything, talk to your association attorney about your options. Also ask him/her about fines -are they even allowed in your state and if so, what are the best practices for an association?

Our covenants are so outdated that we really need to update them. We have been in contact with that homeowner and they have just had numerous reasons/excuses for their delay in finishing the house. The machinery was rolled over on a homeowners lawn so no it was not common property. I know our attorney has been contacted numerous times but we have no recourse because our covenants don't state that we can impose fines for violating.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Formal letter with every documented incident, including photos.

If CCRs support the action, then letter from attorney.

Court next.

BillH10 (Texas)
Posts: 1,217

Posted:

MelissaJ5

We resided in an HOA in North Texas which did not have specific language in the Declaration regarding fines. The association attorney advised without language which permitted the establishment and application of a fine structure, the only recourse was to amend the Declaration. He told the Board he would refuse to represent the Association if a fine structure was implemented without an amendment to the Declaration.

The Board worked hard for about three years--discussions with neighbors while out walking, responses to comments in Owner's Forum periods which took place prior to each Board meeting, newsletter columns, everything we could think of.

When we thought we had the 67% on board who would be needed to amend, we held town hall meetings to further communicate the need. When the balloting took place, the threshold to amend the Bylaws was easily met. The changes were approved and subsequently implemented. But, those changes were not controversial in the least.

The majority of the amendments to the Declaration were structural as was discussed in a response to you in another post--removing references to the Declarant, conforming the Declaration to changes in the law regarding satellite dishes, other changes such as revising the language regarding 'conducting a business in the home', etc. The only controversial amendment would have added language regarding fines.

When the Firestone met the pavement of the Interstate, enough of those who allegedly favored language to permit the Board to develop and implement a fine structure did not provide the support needed.

We learned two lessons:

1. Amending the Declaration, especially if it requires 67% approval is a very difficult and time consuming process.

2. We will never purchase another home in an Association which does not have a documented and implemented fine structure.

As for the uncompleted home, have you spoken with the city building department or code compliance office to determine if they can lend a hand?

Good luck to you

AugustinD
Posts: 5,144

Posted:

MelissaJ5, I think BillH10's post is likely going to be the best advice you get here. I would add only one observation: Bringing suit to enforce the covenants may be worth the HOA's time and money.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mel

My experience is the BOD can fine all it wants to and threaten all it wants to but basically most will ignore such until a lawyer gets involved, then people pay attention.

KerryL1 (California)
Posts: 14,550

Posted:

Our HOA experience is the opposite of JohnC's. Fines work. Often, just the initial "courtesy" (read, warning) letter is all that's needed. We do have a couple of violations for which we can call the owners to hearing immediately with no courtesy letter. But we na double our fines on every violation. We had some partiers --maybe 3 guys and the $100 fine din't bother them, or the $200, or the $400 or the $800. But then.... they (tenants) wrote a kinda cute letter to management saying they guess they just aren't cut out for urban life and would head back to the 'burbs to be noisy & party. We assume there own returned very little of their deposits after paying the fines.

Since we're a condo high rise, we don't have the type of violation that Melissa describes. BUT, we do have deck now --the largest on the property at about 900 sf. for a unit that seems to be vacant. It's visible to many of us. It used to be beautifully cared for by a gardener. But now dead & dying plants, weeds sprouting up in the paver cracks, dead leaves everywhere. So the PM sent a letter saying to clean up or we will, and charge the Owners an "enforcement assessment" for the cost of clean up.

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