HOW does one "Enforce" Architectural Rules?

I can read plenty about the legalities of enforcement in the various states, what is required to establish an enforceable rule, etc. But what constitutes "enforcement?"

For the first time in the 35 year history of our residential HOA, we adopted Architectural and Landscaping appearance standards earlier this year. They are by no means complex or unreasonable.

One involved requirements to paint front doors only from a palette of approved colors. Sure enough, right after that was adopted --- and published --- a new homeowner had her door painted a non compliant color. Our ACC wants her to comply. She says she will, but its now been 4 months, and nothing is happening.

So, in this case, how does one ENFORCE the rule?

A polite warning letter before fining.

How do you collect fines? What level are they set at?

we send a friendly letter quoting the regulation they have violated and giving them a deadline for fixing the issue. If they don't we follow our fining procedure, which is outlined in our governing documents. They get called to a board meeting, where they can speak and give their side and the board can decide on a fine. The board sets the fine, they get 14 days (by statute) notice of a fining committee meeting. Our fining committee (by statute) can only say yes or no to the fine. If fined, the statute now says they have 30 days to comply before the fine goes on their account for collection.

We don't want money. We want them to comply. You don't have to sue - if your state is one where you can put a lien on a property for unpaid fines, then you can do that.

Our fines start accruing from the day the friendly letter is sent, so they can be high. We can fine up to $5000.

Nobody wants to fine. We just want them to follow the standards. The problem is if you don't follow through, you will never be able to enforce the standards.

Sound advice from Laurie.

1) Have a policy in place.
2) if the covenants do not specify an ability to impose monetary penalties, don't (as they might not withstand a legal challenge).
3) follow the policy.

For us:

1) Complaint received (we insist it's in writing - email is fine)
2) Complaint is verified
2a) If not valid - letter is sent to the complainer saying the issue was not there when the board checked, perhaps it was corrected.
2b) if valid continue steps.
3) informal notice to violator (written or verbal)
4) if not resolved in a week or so, formal notice (written) to correct within 30 days.
5) if not resolved:
5a) Is there a city or County agency that would enforce (example - health department if grass is over 1 foot in height)
5b) Send notice of hearing before the board (sent via certified and first class mail)
6) Hearing held
6a) if resolved - no further action
6b) possible options - written decision sent via certified and first class mail:
Give additional time
If authorized, impose monetary penalty but be willing to forgive penalty if corrected by mm/dd/yyyy
Compromise of some sort (if allowed).
7) If not resolved - consider legal actions.

NOTE: The board should consider the worst outcome before trying to enforce. That is to say, is this something the board is willing to go to court over? If it is, not an issue. If it is not, determine how far the board is willing to take the issue and adjust enforcement accordingly. I've been on a board where a member would take the issue up to the hearing and fix it just in time to have the monetary penalties waived. I've seen documentation where a member took the issue into the courts or arbitration. The board can not threaten court if it has no intention of going there. If that happens word will get around that the board has no teeth when enforcing violations.

Aren't owners permitted to have a hearing with the Board before the Board takes action in Ohio s in some. states?