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Archetectural guidlines implied maintenacnce fines

Started by JeffT • 8 replies • 1290 views

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JeffT (Maryland)
Posts: 83
Posted:
I have a question about the how much control the architectural control comittee or BOD may have in enforcing maintenance.

I cannot find anywhere in the Articles of Incorp, by-laws, or CC&R where it says that the homeowner is required to maintain anything on their lot. The Architectural section states that any improvements, repainting, etc must go through the BOD or Arch. committee for approval. They have absolute right to deny any request. There are no specified rules for maintenance. There are restrictions specified that the BOD can enforce like parking broken down autos, running a business out of house, what can be erected but nothing regarding maintenance.

So I need to get permission to replace my screens but I do not have to replace my torn, bent up, screens.

Is there an legal implied statement that if there is an architectural guideline that the BOD has the right to require a homeowner to maintain their home and that the BOD has the right to fine the homeowner if the home is not maintained?

What kind of wording should I look for that would say that the BOD or Arch. Comittee can require maintenance?

BonnieE (Illinois)
Posts: 338
Posted:
Hi Jeff,

Our governing docs require maintenance by the owner of the exclusive/limited common elements (common elements are maintained by association). If not maintained, after proper notice to owner and if owner does not comply within specified time, then association can do the maintenance and charge back the cost to the homeowner. Association can also take legal action to “force” homeowner to comply. Note that we are townhouse style condos.

I do not recall any such requirement, though, for the single family homes in our Master HOA. Are you single family homes or condos?

Bonnie
JeffT (Maryland)
Posts: 83
Posted:
This is a townhome community. I just joined the board and read the documents. The BOD has an annual inspection process and is getting ready to hold hearing on violations. Also, I have been assigned to update the guidelines and I wanted to start off with a state like "persuant to XXXX the BOD has created the following guidelines". I can not find anything that gives the BOD the right to require homeowners to maintain their property.
JohnO6 (Georgia)
Posts: 424
Posted:
Jeff - while the documents may not specify the word "maintenance", it's not unusual for such documents to require a neat, clean appearance. The only way to ensure such appearance is to "maintain" the property.
JeffT (Maryland)
Posts: 83
Posted:
I looked for words such as: neat clean appearance, couldn't find them.

Any other lingo to look for?
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Jeff,

Our Bylaws give our Board (the power) to "adopt any Rules and Regulations necessary for the benefit and enjoyment of the Community."

Though we've never had any maintenance issues, if we did, I 'spose that language could be used.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jeff,
Look around the area where it spells out that the Board has the right to inspection process. You have stated that you have been assigned to update the ARC guidelines. You do have standards in place as to what is expected of owners already so that allows for enforcement of those written standards. The Board is the enforcer of the standards.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Jeff,

If it is useful, here is how the maintenance issue is handled in one declaration of covenants:
    ARTICLE VIII
    OWNERS' MAINTENANCE


    Section 1. Upkeep and Maintenance. Each Owner shall be responsible for the upkeep and maintenance of his Home and all other areas, features or parts of his Lot to the extent not otherwise maintained by the Association.
And, from Article IX:
    Section 23. Right to Perform Certain Maintenance In this event that the Owner of any Lot in the Property shall fail to maintain his Lot and any improvements situated thereon in accordance with the provisions of this Declaration. Declarant shall have the right, but not the obligation, by and through its agents and employees or contractors, to enter upon said Lot and repair, clean or perform such other acts as may be reasonably necessary to make such Lot and improvements thereon, if any, conform to the requirements of this Declaration. . . . the Association shall succeed to and be vested with the rights of the Declarant and provided for in this Section 24.

JeffT (Maryland)
Posts: 83
Posted:
GeorgerwilliamsW : Nothing like that in ours.

DonnaS - Yes I am assigned. We have a guideline in place for maintenance developed by the BOD. But did they over step their bounds. I am trying to find out what give them the right. They may have just assumed it because it is a standard practice.

I have emailed all of the members of the BOD to show me where it gives them the right. I have to overlooking something.

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