President telling me I can't fine residents

Lisa,

I'm also in SC. Normally, your HOA documents will specify fines. But, if there is no wording there, SC law does allow for fines if the process is followed correctly. I had the same issue as my bylaws also do not have any wording for fines.

HOWEVER, there is currently a bill up for approval in SC that will change all of this and fines will NOT be allowed UNLESS they are already in the governing docs.

"Section 27-30-520. Subject to the provisions of the articles of incorporation or the declaration and the declarant's rights therein, the association may:

(12) After notice and an opportunity to be heard, impose reasonable fines or suspend privileges or services provided by the association, except rights of access to lots, for reasonable periods for violations of the declaration, bylaws, and rules and regulations of the association"

So, it appears that (12) above does allow for fines... after a hearing has been allowed.

Link to current bill:http://74.125.113.132/search?q=cache:GoxdrVJjar8J:www.scstatehouse.gov/sess115_2003-2004/bills/4596.doc+Section+27-30-520&hl=en&ct=clnk&cd=1&gl=us

Link to proposed new bill: http://www.scstatehouse.gov/cgi-bin/query.exe?first=DOC&querytext=Section%2027%2052%20180&category=Legislation&session=118&c4352656&result_pos=0&keyval=1180030

Lisa,

Have you looked in the declaration (CCRs) as this is where I would think that would be addressed -- in the section titled "enforcement". It should also be stated what actions the board may take to collect delinquent assesments.

However, if your gov docs do not give the board the authority to fine and state statute doesn't either, then NO the board cannot fine the members.

Lisa, first look to see if your Declaration of CC&Rs allows for fines and for establishing Rules and Regulations. If they do then the HOA is allowed to fine. But first Rules and Regualtions (often called Policies and Procedures) should be passed and distributed to all owners. After that if there is a violation we first send a courtesy notice to owner (and copy to renter if there is one) on the restriction being violated and request correction. If not corrected we send a violation notice to the owner (goes to owner even if violation is by a renter) stating the violation, a time frame for correction and the amount of the fine which will be levied against the property. They are advised that they have the right to request a Hearing prior to being fined. The right to a Hearing and the process are described in the Bylaws or in Rules and Regulations. If no request for a Hearing is made or if found guilty at the Hearing the fine is levied.

Also, in the Rules consider esculating the fine when not corrected by the deadline or for any repeat offense within 12 months. If the violation is not corrected the HOA will need to go to court to seek an injunction to correct the problem. Your CC&Rs should allow for all costs involved to be levied against the property.

Penalty is another word often used.

Carol,

Check your state laws if your gov docs are silent on this. In AZ state HOA law requires a member to be informed that they have a right to a dispute hearing with the board before fines can be imposed.

I would suggest changing the wording in your letter to:

"If you dispute the CCR violation you are being noticed for, please contact the management company at (state address and phone number) to set up a hearing with the BOD. If you do not wish to meet with the BOD and you do not cure this violation within XXX days of receipt of this letter, please be advised that a fine of $$$ will be levied."

IMO, by saying "if you have extenuating circumstances which prevent blah, blah, blah" gives me the impression that the BOD is apologizing for noticing a violation. I don't believe in dancing around the issue -- get right to the point and spell out exactly what is going to happen.

^ ^ ^ ^ This. . .support 100%.

I agree, it is what the documents say. However any reference in the document that gives authority to fine, is just that; the documents are the authority so no matter what the president decrees, it does not matter what her statement is. Now if the president decrees: "In accordence with our documents, the association has the authority to or not to fine members, blah, blah."

But that was not the question as asked by the original post. Her statement was, "the President was dictating what could or could not be done."

Mary, Your:
"Very true. And,the Pres. could have been right"
Not likely in todays' climate. The President is never right. I don't care who the president is.

HaHaHaHaHaHaHaHa..........................!!!!!!!!!!!!!!!!!!!!!!!!!!!

Mary,
I know nothing of what you speak, or what I say, or will explain.
Nor do I know nothing, I am the Sgt Schultz of Hogans Hero's........I know noooooothiiiiiiinnnnnnnnggggggggg, and much prefer it that way..............maybe.