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DanielJ (Georgia)
Posts: 31
Posted:
Thank you all so much for your great advice. I just have one more question. Our covenants only address fines as they pertain to the yearly assessment and special assessments. But our "Enforcement" section says "enforcement shall be by proceedings of law or in equity" against covenant violators. What does "in equity" mean? Is that a legal phrase giving us the right to fine covenant violators?
JW4 (Washington)
Posts: 31
Posted:
While I am not a lawyer, I interpret equity to mean ownership.
SueW1 (Texas)
Posts: 26
Posted:
I am not an attorney either, But, I think.... in-equity means injustice or unfairness in a system.

I want to think, the committee will look for un-fairness or injustice first before determining if they should apply any fines etc. to the HO.

You need to consult an attorney.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By DanielJ on 04/20/2008 8:50 PM
... Our covenants only address fines as they pertain to the yearly assessment and special assessments. But our "Enforcement" section says "enforcement shall be by proceedings of law or in equity" against covenant violators. What does "in equity" mean? Is that a legal phrase giving us the right to fine covenant violators?

Daniel, "proceedings of law or in equity" is a commonly used phrase in Covenants. I think "in equity" may come from common law concept of encompassing ideals of fairness and/or equality. You may want to ask an attorney but I think it gives your HOA the right to establish a fine schedule within the Rules and Regulations. Establishing R&Rs should be allowed within your Covenants.
SusanW1 (Michigan)
Posts: 5,202
Posted:
"enforcement shall be by proceedings of law or in equity"

enforcement shall be by proceedings of law or something similar to (equal to) the law, i.e. CCRs, bylaws or other rules of the corporation.
GlenL (Ohio)
Posts: 5,491
Posted:
A little from the Wikipedia about Equity (Law): The most common civil remedy a Court of law can award is money damages. Equity, however, enters injunctions or decrees directing someone either to act or to forbear from acting. Often this form of relief is in practical terms more valuable to a litigant.

So my take on the matter is that you can sue someone for monetary damage or to cause them to or prevent them from taking a specific action. Another poster from Georgia spoke of issuing fines in her HOA so it's probably legal in your state. You should check with your Association's attorney as to whether you can do it under your current CC&R's or if you need to amend them. You say you're allowed to fine for "special assessments"; ours even before the legislature changed the law to allow fines allowed the Association to levy a SA against one unit to cure a violation.

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