HOA Covenant Enforcement

Started by JustinH1 • 5 replies • 3505 views

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JustinH1 (Tennessee)
Posts: 11

Posted:

Hi,

I'm part of a HOA board in Georgia. We are currently pretty weak and send letters out to incompliant homes. The problem is... that is all we do! We are on a strict budget and don't know our options as far as enforcement.

What do you do? We are trying to get the homeowners to listen to us.

GlenL (Ohio)
Posts: 5,491

Posted:

Justin you start by knowing your CC&R's inside and out along with any applicable state law. You have a written enforcement policy along with a fine schedule, first violation -friendly reminder, failure to comply after 14 days $50.00 fine. With $50.00 added every 30 days until violation is remedied. Second violation of the same thing automatic $50.00 repeated every thirty days. This is an example you need to follow your docs & laws, ours for instance gives us the right to make a repeat offender post a surety bond which is forfeit if they do it again within a year. You also need to have a written policy on how the H/O can appeal a violation notice and the BOD needs to keep accurate records of each violation brought to their notice and the disposition of each.

NOW THIS IS THE MOST IMPORTANT PART, ONCE THE BOD SETS THE POLICY THEY NEED TO ENFORCE IT, EVENLY AND FAIRLY.

Studies show that 5 out of 4 people have problems with fractions

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Justin,
Acute problem aside, and Glen has covered that.

Your statement the woard is "weak" can mean a whole lot. That is a problem all by it's lonesome. You need to fix this. It can be and probably is the cause of your acute problem.

First you are not alone, happens all the time and you must start over and re-establish the struture needed to manage the HOA or whatever. Quick fix? I always say copy from someone that is successful (all in compliance with your documents). Look around your neighborhood and see how other associations are handling thid "default" problem in your area. Look at their documents and see if you need to modify yours. In addition, call a special meeting by the board and air your problems. Don't expect to solve much at the meeting but use it to build a different direction than the way you are going now. If what you are doing don't work, change what you are doing. It is doable but only if you have a small core of owners willing to dedicate the time and effort required. You will not get 95% or 80% or maybe not 50% but if you get five or ten, you can do wonders, simply because of what you have observed so far. Nobody seems to care. It may take a few years to put it together so keep in mind you all, or nearly all, are in this for the long run, and carry the mortgage to insure it.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Justin.

To add to Glen's remarks: you also need to know if there are state laws that apply to HOAs. Most states have a nonprofit corp act which would apply if your assn is inc as a nonprofit. These laws must be adhered to but they will not address violations of the covenants. However, many states also have laws specific to HOAs. Check out your legislative website for condominium and planned community (single family homes; sometimes referred to as HOAs) laws.

There are legal remedies available which the board should discuss with a good HOA attorney. One thing our BOD did awhile back with a h/o who perpetually violated the restriction against parking in the street was to go to court and obtain an injunction against him. New whenever he violates the parking restriction all the property manager has to do is remind him of the injunction and the car is immediately removed from the street. It's a win-win situation. He no longer incurs fines (which the assn has trouble collecting) and the street is free of cars.

The enforcement policy Glen suggests should be sent to all the members of the HOA. And, it is imperative, as Glen also points out, that the BOD enforce it.

As for fines, make certain to thoroughly check your gov docs to ensure the board has the right to impose fines. Some assn docs do not give this right to the BOD; others do. The BOD needs to make certain they know the gov docs inside out so they will know exactly what they can and cannot do and also ensure what they do is done legally.

RogerB (Colorado)
Posts: 5,067

Posted:

Justin, check your Declaration to determine if your Association has the right to establish Rules and Regulations (usually they do). If so, then the Board is usually allowed, by the Bylaws, to establish R&Rs. They must be reasonable and provided to all owners prior to enforcement. One of several R&Rs to establish is enforcement of Covenants and Rules. Attached is an example.

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JustinH1 (Tennessee)
Posts: 11

Posted:

Awesome replies guys, thanks a lot! Time to find out my local laws...

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