Fining owners or guests?

I know many of you have talked about fining the owner of the unit for their renters/guests actions…..but our declarations state:
(PS..we are not under declarant control)

Guests. Any person entering the development by the invitation of an owner, other than members of an owner's household, shall be registered with the association and shall be subject to such rules and regulations
as the association shall adopt from time to time applicable thereto, including the imposition of any charges. This provision shall not apply to the invitees of declarant.

Then our by-laws state:
Violations and/or non compliance of the Declarations of Restrictions and Covenants, these by-laws and XXX rules and regulations by any homeowner, guest or lessee may be subject to legal action by the association. The homeowner in violation and or non-compliance will be responsible for any and all legal fees that may be incurred. The homeowner is responsible for any guest or lessee in violation or non-compliance, and will be responsible for any legal actions taken and any legal fees incurred.

My co-directors want to fine the owners for the actions of their guests/lessee. I think what the above paragraphs state is we can fine the guest/renter, but if the guest/renter does not pay and/or we have to take legal action, the OWNER is then responsible for the legal fees.
What do you all think? I anxiously await your interpretation and viewpoint.
Thanks.
Barb

Sorry, our by-laws give us the authority to "establish penalties" through the following by-law:

Adopt and publish such rules and regulations relating to the use of association property, common area and facilities and the personal conduct of the members and their guests, and to establish penalties for the infraction thereof, and sanctions for noncompliance therewith, as it may deem reasonably necessary for the best interest of the association and its members.

The board's issue is who do we fine? We all agree that the owner is responsible for the legal action/fees.

Barbra you asked this same question a month ago, and my answer remains the same when you invite someone onto the property it is the same as if they resided with you for purposes of enforcement. It makes no difference if you break/destroy something on common elements or if your guest does it; you are responsible. Now you can turn around and sue your guest if they're responsible to try and get your fine back but it is not the Association's responsibility to chase them down and try to collect.

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/81608/view/topic/Default.aspx

No Barbra, I would interpret them the same way as the other Board members. The Declarant was your original developer and if s/he has transitioned the property to H/O control that part of the section would no longer apply. Although I am puzzled over the "Shall Register" part, who are they supposed to be registered with? What it boils down to is this, if you live there and you invite crazy cousin Cooter over and he does donuts in the common element grass with his monster truck, the Association can hold you personally responsible for the repairs caused by your guest.
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Barbara, when I read it a second time I got the "Shall be registered" part, it means the HOA will automatically assume they belong to the owner. We have something similar in our docs although IMHO written better along with the ability to make a special assessment (fine) against the H/O to enforce against the actions of their guests. This is why when a home is rented and the tenant violates the CC&R's the owner gets the fine not the tenant although if s/he is smart they will have a provision in the lease to pass it on to the tenant.

As a note, your rules are violated each and every day of the year. Do you really "register" every person who comes to your house? If not, then you violate the rule yourself.

Barbara,

IMO, the member is resp. for the actions of their guests. Violation letters should go to the member and if fines are assessed they should be assessed against the owner. It would be up to the owner to pass on the fine to their guest. The same would apply for renters. As Michele said, the CCRs apply only to the property owner, not his guests or his renters. IMO, if common sense were applied, this would be a no-brainer. And, I feel this is the correct way to handle the situation, UNLESS, the gov. docs absolutely state otherwise, and yours do not, IMO.