JoeS4 (Kentucky)
Posts: 77
Posts: 77
Posted:
We are currently going through our restrictions and establishing fines for each violation. Does anyone have a sample list of fines or examples of how each is established.
Thanks
Joe
Thanks
Joe
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Restrictions and fines involved
Started by JoeS4 • 2 replies • 1471 views
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JulieS (Georgia)
Posts: 412
Posts: 412
Posted:
Here is our violation/fine procedure:
1. Send letter/notice of violation.
2. Send letter/notice of violation with 10 days to correct problem.
3. Send letter/notice that they are still in violation and that we have started to fine them $25/day until the violation is corrected.
We do not have different fines for different violations. It's a flat $25/day for a violation of any type.
1. Send letter/notice of violation.
2. Send letter/notice of violation with 10 days to correct problem.
3. Send letter/notice that they are still in violation and that we have started to fine them $25/day until the violation is corrected.
We do not have different fines for different violations. It's a flat $25/day for a violation of any type.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Joe, following are the rules and regulations for enforcement of covenants and rules which I have recommended.
Rules and Regulations on Enforcement of Covenants and Rules
In order to maintain property values, safety, and quality of life the Association enforces restrictions itemized in the Declaration (Covenants), Bylaws, and the Rules and Regulations (sometimes called Policies and Procedures). This may be referred to as Covenant enforcement, or Covenant control, or Covenant compliance.
The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. First a warning notice will be sent advising the owner of the restriction which they are violating. If it is not corrected promptly a Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation.
To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision.
When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs.
Rules and Regulations on Enforcement of Covenants and Rules
In order to maintain property values, safety, and quality of life the Association enforces restrictions itemized in the Declaration (Covenants), Bylaws, and the Rules and Regulations (sometimes called Policies and Procedures). This may be referred to as Covenant enforcement, or Covenant control, or Covenant compliance.
The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. First a warning notice will be sent advising the owner of the restriction which they are violating. If it is not corrected promptly a Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation.
To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision.
When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs.
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