What to do when homeowner refuses to comply?

For the first time in my 3 years on the Board, we have a homeowner who is refusing to comply with a rule. He decided the rule is ridiculous and the board is simply using it to harass him. Announced (for the third time) that he will get an attorney who will get a judge to rule against us, but for some reason the attorney has never contacted us or filed suit yet.

Anyways, do we just keep fining the homeowner? What's the next step?

The violation is open, obvious, and clear violation of the CC&Rs. It's neither questionable nor borderline.

Tell us what the violation is. Advice could vary based on the actual violation.

For privacy reasons, I cannot share details of the violation. It might go to legal and thus would be inappropriate to post here.

Let's say we have a provision in our CC&Rs that says lawns can be no more than 4 inches tall and this homeowner's lawn is 12 inches tall. Clear violation of CC&R.

Interesting. I think that is a well thought out option.

No, this isn't a city code violation. It's a neighborhood appearance violation. Yes, fines are something that have to be paid before a house can pass through escrow. We could fine about 6 - 12 times per year and I think that would be sufficient.

Good one, ND.

Our CC&Rs give the Board the authority to correct violations and bill the owner. Do yours? The Owner would be called to a hearing and the board would inform him that it has decided that this unsightly violation must be cured. If the Owner doesn't cure it within x days, the board will hire someone to cure it and will bill the owner.

Otherwise, it just stays on the owner's file, and paid when sold.

Hmmm, was Steve kicked off the site? He's a good WA resource. Did Augustin quit does to disagreeing with Steve's contributions here?

In many states, the seller is required to provide a disclosure to the buyer that the property is in good standing with the association.

Okay. When are you free to fly out here and explain to everyone in Texas that we have been providing resale certificates the wrong way.

And you base your experience on what? Bring your rules and regulations to every meeting so you can tell ever y deep south person how we do things in Alabama? BTW, do you have any idea what the laws are in your state, or do you just go by what the governing docs say?

Common useage of "good standing" in CA is both overdue monthly dues and any outstanding fines. It's not in our HOA statutes, though. It's defined by individual HOAs.

How does your new HOA define good standing, Melissa? How does AL define good standing, if at all?

Please stop spreading your myths.

(This is the point where Melissa refuses to review her own docs or AL law.)

Have you read MY HOA rules? So don't tell me I am making stuff up. Each HOA is different. Some HOA's don't even have the caveat of being in "good standing" for many things. That includes being voted in as a board member. If it doesn't say must be in "Good Standing" in your HOA as a qualifier to run for a board you can run.

Good standing has many different meanings to different HOA's/States. I am just stating make sure what it is defined in YOUR HOA.

Wikipedia Definition:

Membership organizations
In membership organizations, or voluntary associations, there may be criteria for becoming a member and maintaining membership. Such criteria may include payment of dues or attendance of meetings. Failure to meet these criteria may result in loss of "good standing" within the organization or loss of membership in the organization altogether. Unless the organization defines "good standing" and what causes a member to lose good standing, a member has all the rights of membership even if in arrears in payment of dues.[8]

Do NOT confuse a HOA "good standing" status with an INDIVIDUAL. There is a difference between Incorporated (including LLC's) "Good standards" and an Membership organization like a HOA. A Corporate does include fines/lawsuits/unpaid debts. A membership organization it's unpaid dues.

Here is the resale certificate required in Texas. You may observe that it requires disclosure of “all amounts” due to the association and any known violations.

https://www.trec.texas.gov/forms/subdivision-information-including-resale-certificate-property-subject-mandatory-membership

If you would like to argue with the Texas Real Estate Commission have at it.

You keep changing your argument, Melissa. So about your Wik. citation. Recall that most HOAs *are* corporations.

Please, Melissa, cite the words that permit your new HOA to bill Owners to bring them into compliance with the Documents. Do not summarize.

I am not sure how posting my documents with NO references to being in "Good standing" or the defintion of what that means is going to apply. The FACT is your HOA documents must state those conditions. It must say "Good standing" means XXX or you face this XXX consequence. Which is usually the inability to run for a board position. Good standing in my former HOA meant up to date on dues. It did not include any fines or corrective actions.

I suspect many other HOA's documents are the same way. They don't include the words "Good standing" nor the definition of what that means. Which then means that you can't stop an escrow based on anything but unpaid dues/liens. Liens based on unpaid dues or unpaid repairs.

The lack of this being in your documents just means you can't do certain options. No need to argue over it. Just means your membership has no "good standing" definition or requirement. Not an unusual situation. Each HOA is different and individual.