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PhilR (California)
Posts: 6
Posted:
Can an HOA Board impose fines or other reasonable penalties on violators of rules and restrictions by a simple vote of the Board of Directors without having to obtain the consent of the Home owners.
I have been advised that since the Board is not seeking to amend the entire CCRs or to increase assessments, membership approval is not required, but the Board has the inherent power to implement violations enforcement.
Our CCRs are antiquated and date back to 1972. They do not contain power to enforce violations. There are so many infractions of the rules and restrictions but we are powerless to enforce and want to follow the law pertaining to this issue.
Your imput would be greatly appreciated!
Phil R.
PhilR (California)
Posts: 6
Posted:
Can an HOA Board impose fines or other reasonable penalties on violators of rules and restrictions by a simple vote of the Board of Directors without having to obtain the consent of the Home owners.
I have been advised that since the Board is not seeking to amend the entire CCRs or to increase assessments, membership approval is not required, but the Board has the inherent power to implement violations enforcement.
Our CCRs are antiquated and date back to 1972. They do not contain power to enforce violations. There are so many infractions of the rules and restrictions but we are powerless to enforce and want to follow the law pertaining to this issue.
Your imput would be greatly appreciated!
Phil R.
MichelleD (Washington)
Posts: 20
Posted:
Phil,
The way I understand the law, penalties can not incur unless they are written into the CC&R's or bylaws. It seems common for this to occur in older cc&'r's. We are working to amend our cc&r's right now for just such purposes. It has been a years long process and we are finally voting on change.
1. Make the problems known to all homeowners through any means possible in communication ie. newsletters, emails, letters, notices, et.
2. Drill it in over and over again!!
3. Get ready to take a vote and make changes!

It's a lot of work but well worth it. Does this help? Good luck -Michelle

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