COVENANTS VS ASSOCIATION RULES

What is the difference between covenants and association rules....our covenants state the board shall be empowered to adopt, amend or repeal such rules and regulations as it deems reasonable....etc....I am the President....so I thought the rules were the covenants... The covenants say there is no overnight parking....does this mean that the board can for example make a rule to allow homeowners to have some overnight parking during the Christmas Holiday season only for visiting family members or guests....

Thank you as always
Patricia

Thank you...that make good sense....may I ask you another example....last year the board told the community at the annual meeting that with regret we would need to implement fines for certain items such as disobeying the posted speed limit....not care for landscaping....it just seems that being nice with letters falls on deaf ears...but hitting someone in the pocketbook works wonders...although no formal vote was taken by the community ...everyone agreed...covenant or association rule?

Not at this time...we had hoped it wouldn't be necessary....this association is 9 years old....96% percent of the people are just gold....but a few just do not understand this life style...we are a small community...60 homes so if a few are not complying...it makes the entire area look unkempt...I suppose we will have to amend the convenants....I had hoped associations rules would have made the process earier....

I will attest to the fact that fines, and threats of fines, do seem to help encourage compliance.

Our board has been enforcing covenants for over 12 years. Up until this year we had a process whereby we would send 2 warnings and requests for compliance, then, if not rectified, the attorney would send 2 warnings and requests for compliance. Then, if still not rectified, we would file a complaint to compel compliance (or obtain an injunction).

Last spring we developed a schedule of fines for various violations.

Now we only get as far as the second letter because that one contains the invoice for the fines that have begun accruing from the date of notification and request for compliance.

Week before last, we verified a complaint that one of our homeowners was parking on the street in excess of four hours and overnight.

We sent a first notice reminding them of the restriction, acknowledging that most people don't realize they have violated a covenant but once notified, rectify it voluntarily.

That notice now also mentions that if the parking does not cease within 48 hours of the date of the notice, that we would begin accruing fines for the violation, up to $50 a day from the date of the violation.

The resident, as is typical, ignored the first letter.

Yesterday they received the second notice requesting compliance, along with an invoice, due and payable in 30 days for $350.

The resident called just a half hour ago apologizing, didn't know about the restriction, didn't get the first notice, is there a way we can waive the fines if they stop parking immediately, etc etc.

For the record, we did conditionally waive the accrued fines, giving them the "benefit of the doubt," because the goal is COMPLIANCE, not punishment or to make $$.

However, we told the resident the very next time the car is noticed on the street in violation, the fines would be reinstated and additional fines may accrue as well.

I'm curious, Michele. Are your streets private?

I HATE all the cars parked on the (public) street on which our association is located. Each townhome unit (we're two bed/one bath "rowhouse" style) has a TWO car garage. Why can't they park in the garage??? I know one garage is completely open and another one is packed from floor to roof with their boxes and crap.

I wonder if there's anything our association can do... Thoughts?

I do not see anything about enforcement....I do see enforcement of Lien which is getting ahead of the problem....When I read "associaiton rules" I thought great we can fix the few in this way....One thing we do have is a lot of info about the board members not being able to be sue bythe homeowners....I think I need a more thought out set of convenants and to the have a vote of the community and filed at the county....what do you think...

I could jump for joy....you were right....^.16 Enforcement....the associa....or its authorized agents may enter any lot in which a violation of these resrictions exists andmay correct such violation at the expense of the owner of such lot. Such expenses, and such fines as my imposed pursuant to the Bylaws, Aoociation rules or Design Guidelines. shall be a Special Assessment secured by a lien upon such lot. All rights and remedies available at low or equity shall be available in the event of any breach b any ownr, member occupant or other person of the provision of this section.....

I am in awe of a $350.00 fine....I had thought of maybe 2 letters then $25.00 $75.00 $100.00 and to the attorney last....and you are right...these are our neighbors...we want to make them comply more then fine...but whatever it takes

Well, if the violation occurs every day (or is left uncorrected for several days), you would fine PER DAY. I'd use that one for a "permanent" violation. If you guys do things like when garbage can be put out, that might be a PER OCCURENCE fine.

You've found the authority!!!! Now, it's time to start a Policy/Procedure on Covenent and Rule Enforcement, with a fine schedule.

Our streets are PUBLIC. At least here in Kentucky, if the development has restrictions regarding parking on the streets, whether a gated community, private roads or public roads, the covenants are enforceable.

Now, the local police department will not enforce our covenants, but we can. Our restriction regarding on-street parking even allows us to "tow at the owner's expense," however, on advice by our attorney, we do not tow until and unless we take it in front of a judge who will then give us a court order allowing us to tow.

Now, legally we could still tow them without that, but in case you tow someone who gets really really mad and is sue-happy, we want to better protect ourselves in case he screams that our towing damaged his transmission, caused his stereo to disappear, etc etc.