Fining a homeowner/resident for delaying work that is HOA responsibility

Started by DeniseA1 • 10 replies • 266 views

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DeniseA1 (California)
Posts: 19

Posted:

Is there any specific wording for fining a homeowner/resident who causes a delay in HOA responsibility work? Is it possible to do so?
Case in point: A homeowner had a leak in her garage which was determined to be covered by our HOA. After the leak was remedied, the construction company needed to make extensive drywall repairs within the garage; their original proposal was for the entire garage. The homeowners's garage was filled with furniture and decorative items from a second household. The construction company could only repair half the damage at one time because the garage was so full. The homeowner would need to move/remove the clutter before the job could be completed. Since the construction company had to make two trips, the HOA was given a second invoice for repairs--not exorbitant, but still increased.
Has anyone else had this situation arise before and, if so, how did you handle it? Do you have any verbiage in your CC&Rs and/or Rules & Regulations covering a fine for such an incident? e're thinking a $200 fine whenever work is delayed because of homeowner.
I'm in California...

SheliaH (Indiana)
Posts: 6,964

Posted:

The work covered by the HOA was done, so it was up to the homeowner to clear the stuff out of the garage so the drywall work could be done. The HOA didn't fill the garage- couldn't the owner rent a self storage unit to put the stuff in until all the work was completed? Did the homeowner file a claim with his or her insurance to cover the moving and storage expenses?

I dont know if I would have fined the owner, but I would have had him or her pay the expenses for the second trip. If that's what you mean by "fine", why do you think this is unreasonable? I live in a townhouse community, so if there's a situation like sewer line damage, the HOA would pay for the portion of common area affected, but the homeowner would have to cover damage from the drywall in, no matter what caused it.

That's why we encourage homeowners to contact the property manager for information on the policy so their insurance agent can review it and determine what's needed so there's no under or over insurance coverage.

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

JoeN6 (Virginia)
Posts: 94

Posted:

Was the owner notified that ABC Drywall co. will arrive on ( specific date ) to perform the repairs . ? ( in one day )? Was there assumptions of the HOA that the owner will remove furniture and wait ? Was it a fixed price or on a t &m , . Or did the drywall folks apologize to the hoa for an up charge because the owners clutter was in the way ?

LetA (Nevada)
Posts: 2,679

Posted:

Provided you covered all your bases and notified the resident in advance as prescribed by law, then yes
you can recover any cost incurred. This could possibly be any and all delay fees, re-visit fees. gas, labor etc.
Basically any and all delay cost the vendor charges the HOA for this one tenants delay, you can charge them
for that specific delay.

DeniseA1 (California)
Posts: 19

Posted:

We haven't fined this particular owner because it would be after the fact. However, we're thinking of future instances and want to get something into out rules prior to any similar incidents. Some years ago when we were re-painting, there were a couple of owners who weren't ready when the work began as they had been instructed. We let homeowners know that there would be a $250 fine if they delayed the process, but it wasn't added to our rules..
I'm just looking for specific verbiage to add to our rules. Thoughts...?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By DeniseA1 on 11/10/2023 2:36 PM
Do you have any verbiage in your CC&Rs and/or Rules & Regulations covering a fine for such an incident?

I would be surprised if this is not covered in your CC&Rs. Here is language from a certain condo's CC&Rs that is typical:

In addition to the regular assessment, the Association may levy a special assessment against particular Units for expenses that are incurred as a consequence of the conduct of less than all owners.

KerryL1 (California)
Posts: 14,550

Posted:

Nice citation, Elle, such a section sin't in ours, but maybe Denis is in luck

ElleN (Idaho)
Posts: 4,420

Posted:

Kerry, your declaration covers this in Section 6.7 and possibly other sections.

JoeN6 (Virginia)
Posts: 94

Posted:

“ Dear Resident:

Phase one of parking lot / common areas asphalt seal coating restriping will commence on April 1, weather permitting. All vehicles on ( street name) must be removed by 6:am . Any vehicle not removed will be towed by PREDATOR TOWING.

Yours Truly:
The management

KerryL1 (California)
Posts: 14,550

Posted:

Right, Elle, -- I knew we had something that was explicit or at least a workaround. In case anyone's interested, our CC&R Sect. 6.7 is Enforcement Assessments & is very long. Embedded in it is:

"If the Association undertakes to provide materials or services which benefit individual Owners, then such Owners in accepting such materials or services agree that the costs thereof shall be an Enforcement Assessment," which means the Assoc. may charge the Owner." Note that this assessment may only be lived after notice & hearing.

You may be able to make a Rule to suit your HOA, Denise, but check with your HOA attorney to make sure your C&r's permit you to make a rule about this topic. You do know that the to make a rule, the text and purpose & effect of it must go to owners for a 28-day comment period before th Board can vote on it, right? Your Board may not levy any fines without. there being a Rule or CC&Rs about the topic and a call to hearing.

I think I prefer the language that Elle cited.

It's wonderful that Elle is so interested in my HOA's CC&Rs.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We could remove the violation and charge the owner. If the owner did not pay for the work, we could place a lien for it. It's not the best option but if they don't want to remove the stuff, then the HOA can. It also has a right to get it's money back for doing so.

Former HOA President

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