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LanceG2 (Georgia)
Posts: 3
Posted:
I'm a HOA president in the metro Atlanta area (Goergia).

Our board was recently discussing how we want to approach warnings vs fines for violations. We are trying to strike a balance between attempting to not be a nit picky HOA, but enforcing the larger things. For example, our documents are written in a way to allow us to enforce that lawns are mowed, but don't force us in to requiring that everybody have a weed free yard so we only enforce that people keep their yards mowed and not have large bare spots. We have a management company that does a couple of drive throughs a year and it took a lot of back and forth and training with them to use a more lenient, but consistent set of standards.

We do not have an overly active community (we had trouble filling all of the board seats this year) and our community does not have amenities like a pool etc.. During the last set of drive throughs we had a lot of houses that received one notice about something small, like needing to pressure wash their driveway. Then we have a small group of houses with multiple violations that are problem houses. As a board we decided to not give these a lot of scrutiny because these were friendly reminders, not notices to fine. In discussing what to do with houses that don't comply the general consensus among the board is that if a house has multiple violations we want to target them for fines if they don't address things. But if a house gets a notice for something small like a driveway that needs pressure washing, doesn't address it, but otherwise has a well maintained property without any issues we don't want to fine these.

That is where the point system came up as an idea where we assign points to violations based on the severity and only move to fines if a house has a total that exceeds that threshold after being given time to rectify it. We haven't run this by our attorney yet, but our documents do not have any limitations that would prevent us from doing this. Has anybody heard of and HOA doing this and is anybody aware of case law etc. which could create an issue for us with this?
SheliaH (Indiana)
Posts: 6,964
Posted:
I don't think you need a point system - better to first identify the larger issues and focus on enforcing those, and then work on the other stuff. For example, keeping the lawn moved is a given (although some people don't even comprehend that), but some attention should be given to weeds because their seeds could spread to a neighbor's yard. You could then come up with a list of issues that could warrant a violation notice - not cleaning up dog poop (it attracts rats and other vermin), lawn height up to one's knees (check the city code and perhaps use that for your standard), bare spots (number of spots), etc.

Why not conduct a homeowner poll and ask what issues they think warrant more rule enforcement and why? Hopefully, you get at least 20% to respond - the higher the response rate, the easier it is to identify patterns. You could also address things like fines, an appeals process, etc. - a fine schedule might make more sense than a points system, provided your documents and state law allow it (you'll need to check both).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
1) Verify that you can impose fines/monetary penalties to enforce.

Typically, the CC&Rs only allow enforcement through the courts.
There have been legal cases elsewhere in the Country that said if the CC&Rs don't mention fines/monetary penalties, then the Board can not utilize fines/monetary penalties as a method of enforcement.

DeanJ
Posts: 1,786
Posted:
You really don’t want to document you have some owners you are not enforcing a rule anmd others you are enforcing the same rule if it is paired with other violations. Doing so documents your rules aren’t very important and is discrimination.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By LanceG2 on 07/29/2025 7:51 PM
During the last set of drive throughs we had a lot of houses that received one notice about something small, like needing to pressure wash their driveway.
What exactly do your HOA's covenants say about driveways being clean?

Are your covenants actually "nit picky"? Or is the Board inventing rules that do not exist in writing in the covenants?

I suspect your point system just adds more work and complexity.
TimB4 (Tennessee)
Posts: 21,059
Posted:
My expectation would be that the CC&Rs specify that a member will maintain the property in "good order and repair."

Good Order and Repair being a subjective phrase, the Board may clarify what that phrase would mean.

That said, an internet search for legally define "good order and repair for property gave the following AI response:

Good order and repair" in a property context generally means that the property, including its systems and structural components, is maintained in a condition that is functional, safe, and reasonably suitable for its intended use. This includes ensuring that essential systems like plumbing, electrical, and heating are working properly, and that the property is free from hazards. It also often implies keeping the property clean and free from damage beyond normal wear and tear

To me, a dirty driveway would still be suitable for it's intended use.
However, the OP is from Georgia and may have high humidity where they live. Therefore, I could see an argument for keeping the driveway free of mold so a health hazard isn't created.
LanceG2 (Georgia)
Posts: 3
Posted:
Our documents are written so that the ACC can decide what the exact definition is of "in good repair" and "maintained" with some larger things covered, like the lawns being mowed etc.. Power Washing driveways etc. is at the discretion of the board to set that standard.

With some of these, like the driveways, the intent is to nudge people to do the right thing but like I said before, not actually start to fine unless there are multiple issues that are not addressed. We do have the legal ability in our documents to fine.

With the driveways, it is not a health issue and more of an aesthetic issue. The idea is to keep things looking good without being oppressive. The management company that we used tried to lecture us that allowing weeds in a yard (that are mowed) is not a proper way to maintain ones house or home....we obviously don't want to go in that direction. We also anticipate push back from them if we end up implementing a point system because they make more money if we fine more people.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By TimB4 on 07/31/2025 11:09 AM
My expectation would be that the CC&Rs specify that a member will maintain the property in "good order and repair."

Good Order and Repair being a subjective phrase, the Board may clarify what that phrase would mean.

That said, an internet search for legally define "good order and repair for property gave the following AI response:

Good order and repair" in a property context generally means that the property, including its systems and structural components, is maintained in a condition that is functional, safe, and reasonably suitable for its intended use. This includes ensuring that essential systems like plumbing, electrical, and heating are working properly, and that the property is free from hazards. It also often implies keeping the property clean and free from damage beyond normal wear and tear

To me, a dirty driveway would still be suitable for it's intended use.
However, the OP is from Georgia and may have high humidity where they live. Therefore, I could see an argument for keeping the driveway free of mold so a health hazard isn't created.

“Good order” with respect to maintenance standards would be a really poorly written CC&R.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DeanJ on 07/31/2025 2:01 PM

“Good order” with respect to maintenance standards would be a really poorly written CC&R.

I agree.

I expect most Associations have that language because it would be a boiler plate covenant.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By LanceG2 on 07/31/2025 11:43 AM
Our documents are written so that the ACC can decide what the exact definition is of "in good repair" and "maintained" with some larger things covered, like the lawns being mowed etc.. Power Washing driveways etc. is at the discretion of the board to set that standard.
I expect a court of law to say otherwise, for both the ACC and the Board when either create an obviously subjective standard. Why? Because per case law precedent, the courts interpret vague covenants in favor of owners and against a HOA.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By ElleN on 07/31/2025 3:33 PM
per case law precedent, the courts interpret vague covenants in favor of owners and against a HOA.
For Georgia, see for example:

https://law.justia.com/cases/georgia/supreme-court/1982/38743-1.html

https://law.justia.com/cases/georgia/court-of-appeals/2004/a04a2111-0.html

https://law.justia.com/cases/georgia/court-of-appeals/2002/a02a1272.html
LanceG2 (Georgia)
Posts: 3
Posted:
Here is our exact verbiage.
"
Maintenance. Each Owner shall keep and maintain each Lot and Structure owned by him, as
well as all landscaping located thereon, in good conditions and repair, including, but not limited to (i) the
repairing and painting (or other appropriate external care) of all Structures; (ii) the seeding, watering and
mowing of all lawns; and (iii) the pruning and trimming of all trees, hedges and shrubbery so that the same
are not obstructive of a view by motorists or pedestrians of street traffic and (iv) any and all fencing located
within his Lot boundaries. If in the opinion of the ACC, any Owner shall fail to perform the duties imposed
by this Section, the ACC shall notify the Association. If the Board shall agree with the determination of the
ACC with respect to the failure of said Owner to perform the duties imposed by this Section, then the Board
shall give written notice to the Owner to remedy the condition in question, setting forth in reasonable detail
the nature of the condition and the specific action or actions needed to be taken to remedy such condition. If
the Owner shall fail to take reasonable steps to remedy the condition within thirty (30) days after the mailing
of said written notice, then the Association shall have the Right of Abatement as provided in Article VIII,
Section 8.02 hereof. Guidelines relating to the maintenance of Structures and landscaping may be included
in the Design Standards of the ACC. "

The case law referenced in another response does not relate to enforcing this. Our ACC can change and adopt design standards as it sees fit.

"
Design Standards.
(a) The ACC may from time to time (but shall not be required to) adopt, promulgate,
amend, revoke and enforce guidelines (the “Design Standards”) for the purposes of:
(i) Governing the form and content of plans and specifications to be submitted to
the ACC for approval pursuant to the provisions of this Declaration;
(ii) Governing the procedure for such submission of plans and specifications;
(iii) Establishing guidelines with respect to the approval and disapproval of
landscaping, design features, architectural styles, exterior colors and materials, details of construction,
location and size of Structures and all other matters that require approval by the ACC pursuant to this
Declaration; and
(iv) Assuring the conformity and harmony of external design and the general quality
of the Development.
(b) The ACC may publish copies of any current Design Standards adopted by it, in which
case they shall be made readily available to Members and prospective Members of the Association and to all
applicants seeking the ACC's approval.
"

From everything I've seen this will hold up with GA case law. Also, it gives the board a lot of discretion to either be lax or to be extremely picky with what it enforces and how it does it.
ElleN (Idaho)
Posts: 1,334
Posted:
LanceG2, "design standards" does not mean what I think you think it means.

Quote:
Posted By LanceG2 on 08/02/2025 4:34 AM
Also, it gives the board a lot of discretion to either be lax or to be extremely picky with what it enforces and how it does it.
Case law in fact does not support this sort of discretion.
JackS20 (North Carolina)
Posts: 271
Posted:
"they make more money if we fine more people."

first order of business is to redo your contract. mgt company should not make a penny more off of fines.
2nd they work for you, tell them to put their pushback up thier a$$.
3rd a point system is too much work, KISS.

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