At a loss with Homeowner Violations

Started by StacyC1 • 8 replies • 1431 views

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StacyC1 (Oklahoma)
Posts: 4

Posted:

Our neighborhood has over 550 residents, many of whom follow the covenants and are "good neighbors". Then you have those that just don't care and leave their homes looking like a trailer! Letters are sent, sent again to no avail. It seems the maximum "fine" allowed is $1,000. What good does that do? Now the good residents are starting to think "why should I pay $12K a year to store my boat when I have to look at XXX. I'd be better off getting a $1K fine and save money".

What can an HOA do? How do you get residents to abide the CRR's? The HOA is now known for all bark and no bite -- HELP!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Stacy,

IMO, the fine needs to be set at a level that would discourage repeat offenders. If $1,000/mo is less than the cost to store a boat offsite, then that fine should be raised.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Stacy,
There isn't one Board member who has wanted to pull their hair out over these kind of problems. You say that members are in violation, you fine them, they pay and then you end the enforcement? How are you following up on violators?

Unfortunately, the Florida Statutes do NOT allow an association to put a lein on a H.O for non payment of fines. This really hampers the associations ability to enforce for non compliances. Have the letters come from an attorney?

Then there is the Statute 720:305 on fining. If you read it carefully, in my **OPINION**, you need to reread the Statute on the limits of fining.

Below is it.

" 2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate
**UNLESS OTHERWISE PROVIDED IN THE GOVERNING DOCUMENTS**.
A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.

Do check with your attorney but the Statute allows for a higher fine if so provided.The Board can set a fine amount and I would certainly address this with legal counsul.

JoanneL (Virginia)
Posts: 22

Posted:

I don't know if this would help, but our association had problems with people not paying their dues and late fees. Since the condo rules state owners have a right to access and enjoyment of the common area (including parking), I asked our association lawyer if after 3 notices of violation (in the same year), could the board pull their parking space until they pay their dues? The lawyer checked the rules and said yes. We didn't have to put this to a vote by all association members (big relief) to institute this new policy. We notified everyone by mail of the new 3 strikes and your out and violations were reduced significantly.

Maybe you can do a 3 strikes and you're out on continuous violations and pull some type of privilege (pool membership, parking, etc.)?

EllenS1 (Florida)
Posts: 1,148

Posted:

Joanne,

If I'm not mistaken in Florida I believe the parking space(s) are deeded to the owner along with their condo unit.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I also wonder if the HOA has the authority to correct violations, then bill the homeowner for the labor, etc. - PLUS the fine amount.

Seems to me that ought to be another option open to boards for homeowners who think the fine is not incentive enough to correct their violations.

Maybe if a few boats got towed, fences repaired or torn down, or garbage containers confiscated, eyes would be opened.

AnneH2 (Florida)
Posts: 82

Posted:

It might be good to bite the bullet with one offender (the one with the biggest mouth, so word will get out) and take him to court. If storage is 12k a year, even getting one to comply would probably cover the legal fees and, more important, would send a message to others that they can't blow off this provision in your docs.

EllenS1 (Florida)
Posts: 1,148

Posted:

Anne,

If you go the legal route and are successful with a final judgment..then what? In Florida an HOA cannot foreclose with the exception of unpaid assessments. So there you go again, more legal fees to see if the person has any assets you can garnish. Our HOA has a final judgment for something over $20,000 consisting of repair bills and legal fees and we have a final judgment. It'd just a piece of paper until the owner sells or dies. Your state may be different.

SkuddleM (Colorado)
Posts: 62

Posted:

Maybe you can get some help from your local government...

I live in a city that has a Code Enforcement division and a zoning code. The zoning code restricts the storing of trailers to behind the front setback. It is a code violation to store/park (another can of interpretational worms!) a trailer on the street or in the driveway or front or side yard in front of the front setback longer than 48 hours.

The city website even has an online form for code violations - as does the county website.

Just a thought.

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