Fining - Statute of Limitations?

First, I would send a letter to everyone, explaining why you're going to begin enforcing rules that have been ignored in the past. Base it on the documents and the requirements and the fact that the boards were supposed to have enforced them in the past. Next outline the rules that are going to be enforced, so the owners know what you're talking about. What's a "neat" lawn? What are the standards you're using? Then outline the process of how you're going to enforce it - what are the procedures? Can violation notices be appealed? What's the process for appeal? etc. Let everyone know that a certain grace period is being extended to all owners - say 30-60 days from the date of the notice. Let the owners know that if they want things changed, then the documents have to be changed first and how to go about that. It probably wouldn't be a bad idea to have an open meeting for the owners to comment or give you some feedback on this, and to take the opportunity to again, explain the need for this board's actions.

Joe

I'm confused - are you a condo association? Detached? Subdivision?

If you are a condo, why don't you have a lawn service, and fold that into the assessment charge?

P.S. I don't think you can "fine" for something like a bad lawn. The only fine allowed must be tied to assessments.

Very True Michelle,

Lawns and landscaping care rules are in the covenants and ARC rules most of the time. Violations that are not corrected do not have a yes you can and no you cannot seperation from fining as long as proper notice is given to the violator. The only Statute that we have in Florida is an amount limit of the fining and we cannot lein a property for lack of paying the fines. We are required to go other means for collection of fines. My HOA has the ARC handle all landscape/lawn violations. They initiate the first letters, then it goes to the Master Board attorney for him to write a registered letter.

Well, I like my crow oven roasted . . .

There is NO way our HOA could levy an independant fine for something like lawns. But then again, we are a private 250 home sub and the local township laws would take over before we would have to do anything. All that has to be done is a phone call made to the township ordinance officer. There are local blight ordinances and their township cars are in our sub all the time snooping around.

Thanks for all the suggestions and comments. We are a 62 home community (detached homes). Fortunately, lawn maintenance is required by our covenants, and therefore, enforceable by whatever means we feel appropriate - fines included. We only want to be sure that we legally have the right to fine after so many years of not doing so. We have struggled in the past to form an HOA board (neighborhood participation is always very low) and because of that, the covenants have not been strongly enforced for minor violations. We have a 7-member board at the moment, but we have no legal counsel on staff.

Our board is strong and we realize homeowners have become accustomed to the relaxed laws. The lawns in our neighborhood have deteriorated tremendoulsy. We are trying to strongly remind our neighbors that lawn maintenance is so important -- at the moment we have 4 homes for sale and that state of the yards around here would turn off many prospective buyers.

I'll look for the waiver clause in our covenants, but I do not believe it was addressed. From what you all have written, I think we may be okay with instituted the fine as we are planning on enforcing all architectural covenants in the same manner.