Fines

We have a rule that states that there are to be no Commercial vehicles parked in our subdivision. We have a neighbor that has not followed the rule and just ignores our requests to remove it. What kind of fine has anyone imposed on someone like this? Our covenents say we can impose a fine.

Mike,
Because your documents allow you to fine, that is the first good step. Do your documents have any wording as to how and how much you are allowed? If you do not have that in writting, then go to your State Statutes or Regulations for H.O.A.s and see if they have limitations. If the State does not, then your Board needs to get some proceedure together, send out letters to this guy and let the process begin. But it must be non selective and in compliance with the State or your own documents. We fine $100.00 per day with a maximum of $1000.00 because of our State limitations per the Statutes.

and remember, many states allow you to fine people for code violations, but you cannot file a lien on their home for failure to pay. check your state laws. your mileage may vary. some assembly required. batteries not included.

"SELF-HELP is performed and the HO is charged." Self-help? You are entering their property? Your documents may give you the right to do so, but you could be liable for any real or imagined damage caused by your entry. And do you find they will pay this charge any faster than they would pay a fine?

Harold,

There are many documents throughout the association world that make the statement to " If an owner fails to correct a violation concerning repair and replacement of an physical item, the Board may have such item repaired or replaced by the association at the owners expense." This is not uncommon at all. It is especially relevant in condos and villas where there are shared common elements such as walls, roofs, entries, etc. Here again, someone has to be in charge and have the final say-so when you get an owner in non compliance and refuses to follow what their documents state as for maintenance and replacements.

Donna - from previous posts by Charles, I didn't think his association was condos. Further complicating the issue was his use of the term "self help" but now he says it is really hired contractors who would enter the property. I'm not sure how that can be labeled self help. In our association, we actually have a real "self help committee" composed of volunteers willing to make minor repairs to COMMON areas which they are capable of doing without the expense of hiring someone to do it. We are fortunate to have several "handyman" residents that are willing to do this, such as quickly painting over graffiti (actually a woman who always carries the paint essentials in her vehicle!), replacing sprinkler heads, repairs to our entrance sign, replacing trees and bushes, etc. They are never sent onto private property to effect corrections.

JohnO6,

I apologize. I took for granted that the $25.00 a day was a Georgia state statue.
Do you have a limit to the extent of the fines, a “cut-off” so to speak?
Do you verify that the HO is still in violation on a daily basis? Just curious to know how your association handles that.

Thanks for the clarification.
Best of luck.
Chuck W.

Mike:

We have been dealing with this exact same issue for two years. We had six commercial vehicles being parked in the community over night.
Our Management Company contated every one by letter, then a second letter, and after non compliance they were sent a third letter calling them before the board for a hearing.
No shows were automatically fined the first $25.00. Our process then escaltes to $50.00, then $100.00 then $250.00.
All but two now cover the lettering on the vehicles with magnets they had made by their employers.
Our Management Company also notified the company these people were working for and told them our community was not a parking facility for their company trucks, and they would be towed.
The two who have not come into compliance are self employed and we have put liens against their homes until the fines are paid. The interest on the fines will accrue and in the end they will pay. One homeowner however has failed to pay his assessement fees since moving into the community, and is in debt to the Association for several thousand dollars.
In the end we will get the monies owed, but not until he attempts to sell his home.
Good luck on yours.----If they are company owned vehicles you might want to contact the folks they work for. Most companies are not aware their employees live in an HOA.
Jim

Sidney:

Ours is a private community of 167 Townhomes, and we also have a county street leading into our community.
A homeowners association has no authority to enforce any rules govering county roads.
We can enforce our rules/regulations on our property because we are a private community, and the parking areas are considered common areas overseen by the Board of Directors, and the Management Company. No homeowner living in our community owns the parking space in front of their homes.

Jim