Architectural Review - Fines

We are a 106 member townhome community in Charleston South Carolina. We have recently re-established our ARC and are currently focusing on a rental unit that is in quite bad disrepair.

We have sent the homeowner a letter stating a date for needed communication from him and also a date requiring some cleanup issues to be completed. As a board we have been talking over a fine (penalty if items are not completed which would be above and beyond our board athorizing the clean up to be done and cost passed to homeowner.

Some on the board have suggested a fee of $200. It would be a one time fine because we (the board) would go ahead and outhorize the clean up. In my opinion $200 would be fine to charge for coordinating the clean up of the property. There has already been likely several hours spent reviewing the property and putting a letter together.

I will appreciate your ideas.

Thanks

In my opinion, your first order of business should be to review your ARC guidelines and establish a fine policy. Then a letter to the members should be mailed informing them of the new fine policy and the fact that the ARC will again be active. I also agree with Harold that ALL the properties should be inspected and violations notices sent accordingly.

You state you have already sent this member a violation letter stating a date by which the violation must be cured. In that letter you should have informed him of the consequences if the clean-up isn't completed by the date stated in the letter. I don't believe you can impose a fine and/or bill the member for a cleanup arranged by the board without first informing the member. I also feel that a fine coupled with the requirement to pay for the cleanup arranged by the board is overkill -- it should be one or the other. The number of hours you and other board members have spent reviewing this issue is meaningless and should not be used as an excuse for imposing fines on violators.

I would suggest you also thoroughly review your gov. docs. and applicable State law so you know exactly what you can and cannot do. Are fines even allowed???

Mary

You might check your state laws about fining homeowners. In California, the Board has to send a fine schedule out at the beginning of the year. If they don't, they aren't complying with the law.