Fines for ACC violations?

Started by GlenL • 6 replies • 1511 views

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GlenL
Posts: 5,429

Posted:

Does your Association charge a fine/fee for work requiring approval if it is done without ACC approval, even if it is properly done? If so what is your fine?

GloriaM
Posts: 820

Posted:

Glen:

Here in NC after a hearing before the Executive Board of Director's is afforded to the homeowner; the NCPCA allows the board to fine up to $100.00 per day. Of course that doesn't mean that all board's hit hard like that, some let the fine fit the crime; or in this case violation.

SusanW1
Posts: 5,197

Posted:

Our municipality charges an "after the fact" fee for work done BEFORE a permit was pulled.

There ought to be a flat fee fine for flatheads who forget to file!!

DonnaS
Posts: 5,596

Posted:

Glen,
When the ACC or the Board finds out that any work has been done without ACC approval or permit, the committee (ACC) goes to the site, does an inspection to see if indeed the change is in accordance with the ACC guidelines, then they compose a very stern letter and send it to the offending homeowner.

If this change does fit and complies with the guidelines, a bill for the cost of the application is sent to the owner, for payment within 30 days. If the changes need correction, they are ordered to make the correction within the 30 days. If non compliance, then we start to fine $100.00 per day.

If the change or addition does not fit guidelines and is not an acceptable addition, the owner is ordered to remove it within 30 days or then face fining. We fine $100.00 per day with a 10 day limit for fining per the State of Florida Statutes 720. A copy of the guideline from our manual is also included. Sometimes we get a bonehead who doesn't want to comply but the attorney then starts to write and handles it from there.

HaroldS
Posts: 902

Posted:

Donna - what happens when the fine reaches the maximum of $1,000 and the member pays it? Seems like a cheap price to pay for getting what you want without the hassle of applying and probably being turned down.

MaryA1
Posts: 6,993

Posted:

My assn can impose a $1,000 fine for performing work without first getting approval. However, the member can appeal and the board may rescind the fine. IMO, the reason for doing this is to make members aware of the importance of obtaining prior approval.

DonnaS
Posts: 5,596

Posted:

Harold,

Most all applications that are sent to our ARC are approved without much to do. If an application comes in that needs to be altered, the ARC sends notice to the applicant, stating the reasons that need addressing. We give them usually 3 times to get into compliance, and that is with meetings with the applicant and the ARC members. NEVER!!! EVER!!! have we gotten as far as someone refusing to do the requested changes and that's because the State of Florida has written new restrictions for ARC's to follow. Our guidelines follow the State very carefully and the applicants/ homeowners all have copies of the guidelines in their documents package which the Board has sent to every member. We work with them until there can be no resolution.

We have the ability per our CC&Rs to demand that any non compliant change or structure can be removed by the Board's authority IF the member refuses to get into compliance and after we have reached the maximum amount of fining and letters by the Attorney at the homeowners expense of course.

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