usual and customary "fine" schedule

I would like to hear what other HOA's use for their fining schedule. Obviously our
BOD doesn't like our current system. We want to update it but need some other thoughts on this. Currently it's a one time fine of "$25... and come to BOD meeting." This essentially means fix it or get fined. But the users and abusers
see this as a joke (must agree) and continue to park their boat, don't plant their
flower bed or paint their trim, etc because the fine is a joke. Help!!
Jackie

where we are confused is "what are subsequent violations?" The next day, a month until the next board mtg, ???
Our Pres had a good point. If you are illegally parked and get a ticket, and the next day you do the same, you would get another ticket......not wait a few
weeks to change behavior. Do we need an attorney for civil court? (sorry)

For our condo complex, first is a written warning. The second violation starts at $50, then $100, then $200 (where is stays until item is corrected if it continues).
If it's a parking violation, after the third violation, the fine is assessed and the car can be towed. We do have signs warning about the towing as well and where to go to get car back.

Great suggestion and will check it out in a few minutes. The detail I wanted
with regards to fines "is it a daily, weekly, monthly sort of thing. I even
liked the idea of "no fines at all". Let me see what DS has to say. Again,
thanks.
Jackie

We have $35 fine for most things, plus any costs involved if the board must correct things on behalf of the owner. A previous board member recently told us that she had fined a couple people $150 per incident fo rparking things, but I cannot find that amount defined anywhere in our docs yet, still need to look some more. Our fine amounts are kindof spotted around in our rules & regulations doc, I'd kindof like to add a new page that lists dollar amounts and what rules they're associated with, to be a nice summary of possible fines, while not changing them or removing the amounts from the rule definition text.

Hi Jackie,

We are townhouse style condos. Our Rules/Regs specify the Enforcement Procedures, which include a schedule of fines. They state:

“...if someone is believed to be in violation of...a signed, written complaint must be submitted...A written complaint form (exhibit...) prescribed by the Board shall be sent...The complaint shall set forth...The Owner shall be sent a Notice of Violation and Hearing (exhibit...) to appear before the Board...not less than 10 days in advance of the Hearing date...The Board...shall hear from all parties...and shall conduct a brief, informal hearing...Thereafter, the Board...shall deliberate in private...The Board shall, at its next regularly scheduled meeting, ratify the findings of the hearing, reject them or modify them, and thereafter notify all parties, via a Notice of Determination (exhibit...), as to the findings. The decision of the Board shall be final...If the Owner is found to be guilty...the following may occur:

a. First Violation: A fine of $100.00 and any expenses incurred…and/or actual damages...
b. Second Violation...$250.00...
c. Third and subsequent violations...$300.000...

The preceding...will be levied on violations of each section of Declaration, By-Laws and/or Rules and Regulations.”

Then there is language regarding continuing violations and the right to forward to the
Association attorney for appropriate action.

Also, I note that the Board does not have to assess a fine even though the owner is found
guilty.

Based on what I have read here and elsewhere, our fine schedule is apparently high. I would question whether they meet the reasonableness test as required by IL law (there is no delineation as to amount of fine by type of violation; all violations are treated equally with regard to the fine schedule). But would add that our attorney did review our Rules/Regs.

If the violation is an Owner maintenance matter, the Board may do the maintenance and charge
back the cost to Owner (after notice to the Owner).

The timeframe for subsequent violations/fines is based on going through the complaint/notice/hearing/determination process for each violation. It is not the same as getting a parking ticket. The process has to take place for each violation. Multiple complaints for the same alleged violation are addressed by the single hearing process.

After the owner receives the Notice of Determination, if he/she commits another alleged violation, he/she could be found guilty for the second violation and fined $250.

If there are multiple complaints submitted for the same owner but for differing violations within the time period between 2 Board meetings (hearings are held just prior to Board meetings), then the Board would hold one hearing for multiple violations and in their deliberations determine guilty or not guilty for each separately. If guilty for more than 1 violation, then the fine schedule kicks in. In other words, the owner could be found guilty of 2 separate violations at one hearing and be fined $100 plus $250 respectively.

We also identify a time period for correcting the violation (for ex., immediately if not picking up the dog poop, or longer, say, 14 days to repair/replace a damaged screen).

We sometimes do send a written warning for minor violations, but there are no written protocols governing how this would be done. As a result there is a lack of consistency in how it is applied.

What is missing (in my opinion) are written protocols for warning letters, an appeal process, option for mediation, and what can be done when the owner does not believe that the Board followed the enforcement procedures (I’ve talked about this issue on other threads) – perhaps this could be covered in the mediation process, if there is one?

This was probably more info than you were asking for, but the fine schedule, etc. has to viewed within the context of the enforcement procedures. I hope it helps.

Bonnie

Jackie, our HOA starts their fining at $25 and doubles for each (same)offense; file is turned over to attorney when amount reaches $400. I believe a lien is filed against homeowner for that amount and subsequent lawyer fees until that violation is satisfied. -ReneeD

In my mind, fining is serious business, reserved for "correcting" a situation that an owner doesn't want to correct.

As such, single fines can be trivialized and don't serve to add any time urgency to the offending homeowner.

Therefore, given the idea that you've considered the steps I listed in my previous post, I'm an advocate of a daily fine until the issue is corrected.

In Georgia, there is no state maximum and the courts have upheld $25/day as reasonable and enforceable.

Jackie, our PM does a 'weekly run' to catch any violations so, for the same offense it keeps doubling until homeowner addresses the problem. Hope this helps.

I don't think it's a good idea to try and establish different levels of fines for different "offenses". That will automatically set up a "relative value scale" of what is more objectionable than something else.

If the purpose of the fine is "punish" non-compliance, and "encourage" following the rules, I believe they should all be approached with the same level of intensity.

This isn't like criminal law where differing criminal acts are considered more or less offensive to society.

Nor is this a civil law issue where there are differing levels of damage incurred.

Instead it's simply addressing the issue of whether or not owners follow all the rules.

I know there could well be differing views on this, particularly regarding "severity" of differing violations - I'm just trying to be practical and suggest that going that route may be more trouble logistically than the philosophic "return" is worth.

Yes, my choice of words (e.g. punish) was not nearly as appropriate as "encourage compliance".

I think your proposed fine schedule looks OK, but I wonder about the first step of the one-time $25 fine?

Seems to me that by the time fining is even considered, the owner would have already received at least two previous communications asking their cooperation. With no response, it seems at that point that there is willful non-compliance and the "one-time" fine is almost pointless.

That's the reason we start with daily fines right from the beginning - because it isn't really the beginning at all - it's already well into the enforcement process.

Susan - that certainly is an option if your CCRs allow it; but what you've described IS a behavior problem

Hi! Here are some thoughts in response to several of the prior responses.

For something in disrepair, our procedure is to send a warning notice and give the HO a period of time to correct (usually 30 days). The notice includes a warning that if the HO doesn’t comply, then the Board reserves the right to do the repair and charge back the HO, and/or go the attorney route.

Many years ago, we had a boat owner who would store his boat on the driveway in between getting it out of storage and into the water (never got an explanation as to why he couldn’t store until it was placed into the water!). Anyway, there were several complaints/notices/hearings/ fines – but it must have been cheaper than the cost of storage, until we upped the fine schedule. He then solved the problem (for himself) by parking it on the street for those few days each season, which is owned by the Village and where it is not prohibited.

Also, we have had instances when the Board, instead of charging a one-time fine out of their deliberations following a violation hearing, would go with a daily fine until the situation was corrected – for ex., parking beyond the time limit on the guest parking pad.

For HOs who rent their unit out, our Rules require they provide an address & phone number, as well as a copy of the lease. We also cc the renter of any violation notice sent to the HO, which has resulted in compliance sooner.

Another thought, if there is a towing policy, could it be used for, or amended to include, boats?

Bonnie

Kirk,
this was nicely said. Thanks.
Jackie

Ellen,

Our Bylaws state that a homeowner is responsible for any legal fees. I believe the Statutes allow for that to be done.