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JohnnyC2 (Georgia)
Posts: 13
Posted:
I have a property in an HOA is which I am very familiar with the governing documents because I once served on the board. The HOA has recently introduced a hefty fine schedule and is now issuing fines for things not mentioned in any of the governing documents. The CCR says the ACC has the right to develop and enforce standards. However no action to formally define anything has occurred so the only governing documents we have is the CCR. The standards currently are issue a violation whenever someone complains. To give an example I received various fines because my roof needed to be repaired after a storm as it was missing shingles. The delay was with the insurance company, but this is not mentioned in any governing documents.

Any insight on what our are?
SheliaH (Indiana)
Posts: 6,964
Posted:
Do the documents give the board the authority to enact additional rules that flesh out the documents (they can't override them?) Check them again - they may be in the bylaws, which typically dictate how the community is to be run. That may explain why you now have a fining schedule.

The CCRs usually address how the common areas are used, which is why yours have instructions on what your ACC (I assume this stands for our architecture change committee or something similar). Your declaration usually establishes the association itself, defines use restrictions, what are the common areas and perhaps maintenance requirements. If there are maintenance requirements (such as keeping your house in order like not letting weeds grow or keepng your roof, siding, etc. in good order), that could be why the fining schedule was established.

You were on the board so this shouldn't be news to you - what did you and your colleagues do when someone had complaints? Eventually you need some sort of rule enforcement policy, and ultimately the board might be the next to final authority to enforce the rules before throwing down in court. That may be necessary if you don't have an ACC committee. It may have the right to enforce, but that doesn't mean they are the ONLY authority - what happened when you were on the board and the ACC failed to act because there wasn't one? Or it was inconsistent in enforcing standards because there weren't any?

Now, you said some of your roof shingles blew off from a storm and getting it fixed has been delayed because of your insurance. I really don't see why you would think the documents would have to address insurance delays and if you're being fined now, that usually means that was preceded by a letter or two asking you to repair the roof. Did you get a letter and if so, did you tell the board what was happening? Do you have an appeals process and did you use it? How long has your roof been without shingles- did you ask your agent fir help in moving the claim along because the association was starting to send nastygrams?

All of that said, the board could be overstepping its bounds, but we aren't attorneys and haven't seen your documents. If you really want to know what your options may be, you need to sit down with an attorney who can read your documents (all of them) and perhaps lean on your insurance company to get your repairs done sooner rather than later.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
This may be a case of a board inforcing because we say so rules, rules that were properly adopted and not distributed to the owners or a simple case of your copy was lost in the mail or tossed in the trash unopened.
KerryL1 (California)
Posts: 14,550
Posted:
I can't speak for others, but I'm having a hard time following your post, Jonny. Maybe you can help, and then you'd get more replies.

Are you saying, Jonny, that there are NO minutes of a board meeting when the Board introduced this new rule, or whatever? And/or when it took "action, i.e., voted to implement these so-called "standards?"

This is where I get confused. Jonnie wrote: "The standards currently are issue a violation whenever someone complains." How do owners even know about these so-called standards?? Did all owners get notification of these standards, where they would take effect, etc.??? If so, WHO wrote this memo or e-blast or whatever it is??

Does your HOA have NO "rules" at all in some kind of a document that every owner receives upon purchase in your HOA?

For now, can we not deal with your roof?? But the Board's
processes and your governing docs instead?

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