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RogerJ1 (Texas)
Posts: 550
Posted:
I think fee schedules help protect members because they set maximum fines for violations, whereas without fee schedules, Board could force expensive litigation to enforce violations, or just create a fine, that could be very high, that a member would have to either except and pay or legally fight which would be expensive.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The purpose of a "Fee Schedule" is to set up the price one pays in fines. Without a fee schedule there's not a real way to enforce fines. Just saying "We will fine lacks any kind of enforceable definition. Fines are limited on being subject to foreclosure/liens in many states. Meaning you can't have fines the basis of liens or foreclosures. Those are for unpaid dues. Although a HOA can make it appear that dues collected are applied to fines owed. That then changes it where can possibly lien.

Fines are PUNITIVE in nature and not money making. They are there to correct a violation. Much like speeding tickets.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Fines also can be--may e mainly can be- deterrents.
SheliaH (Indiana)
Posts: 6,964
Posted:
I agree with fee schedules and Kerry's comments that they can serve as deterrents. If you don't want to run the risk of being hit with a fine, comply with the rule. If you disagree with the rule, work with your neighbors in urging the board to revise it. Some rules may have lived out their purpose and can be dropped, but there could be other problems that warrant the approach. The key is to review the rules on a regular basis, educate the homeowners (a lot) on why they exist, encourage people to make suggestions, etc.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Best practices is to have a well-publicized "fine schedule." The chances of the HOA surviving a legal challenge are then better. Note also that TPC 209 states the HOA must give an owner time to cure a violation. If the violation is cured per TPC 209, the HOA is prohibited from fining.

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