Handling violations that have no cure

How to handle a violation of our CCRs; they state homeowners cannot cut down trees of more than 6" in diameter without approval. Several were cut down and no request for approval was submitted as required.

Our documents allow the board (after the required hearing, etc) to impose a daily fine until the violation is remedied. In this case, trees so large they cannot reasonably be replaced were cut down. Because of the remaining root systems, even small replacement trees probably cannot be planted at/near the removal sites. How then can the homeowner remedy his violation?

Some of us think imposing a one-time fine is about the only practical action. The documents also allow withdrawal of member privileges, so another suggestion was to suspend the homeowners voting rights for 6 months. These are obviously purely "punishments" and don't fix anything, but no action would imply the association will not enforce restrictions.

How have others handled similar situations, where the illegal deed is already done and cannot be reversed/fixed?

The trees are at the back of his lot in a rural neighborhood of rather large lots. The only reason the ARC found out was the neighbor directly adjacent was able to see from his backyard that they were cut. If the violator had just submitted an application (as required by our covenants), the tree removal would have been approved.

Part of our debate is, should the association require him to spend big bucks to replace trees that no one really cares are gone? Make him plant the new trees then submit a request for their removal, which would then be approved? Seems like there would be a less nonsensical way to handle it.

CD, what would the fine be? Is there a set fine for cutting down a tree without approval or would the Board gather together and make something up? I’m not picking on you; there are a lot of Associations that wait until something happens and then try to figure out what to do about it.

I would recommend all Boards follow the California law that requires the Board to inform all homeowners of the fines they face yearly for breaking the CC&R’s. While there are some that consider a fine the cost of doing business and are willing to pay it most are not. The purpose of the fine is not to punish but to deter people from making the offence in the first place. To that end it needs to be large enough to sting; I’ve heard of Associations that fine homeowners a large fee for not getting approval from the ACC first somewhere between $500.00 & $1,000.00. One final caveat the fines need to be allowed both by the governing documents (although they may be called a special assessment in them) and any applicable State law so it would be advisable to involve the HOA attorney in drafting them.

Like Roger said send, a courtesy notice and let it go this time but get your ducks in order for the next time.

"...send the owner a courtesy notice stating the Covenant restriction being violated and request they submit an application for approval"

The violator is on the board of directors, so other members are highly irritated since he is well versed in the requirements that he enforces on others all the time.

"…inform all homeowners of the fines they face yearly for breaking the CC&R’s."
It is spelled out in our documents that fines are up to $xx per day until the violation is remedied and the violator has been involved in placing such fines on others so he cannot claim "whoops, I didn't know better."

"How do you know an application would be approved?"
Because similar applications have been approved. Generally our ARC approves most requests when what an owner does on his lot doesn't really impact anyone else.

"Why did the neighbor complain?"
He stated he did not really care that the trees are gone either. But the violator is on the board and made said neighbor go through the application process for changes on his lot. As most members agree, everyone should be subject to the same rules.

A member just called to note another enforcement procedure our documents allow is suspension of member privileges during the violation, so I'm sure we'll be debating that next. I may have to start another thread!

I do like Tim's final suggestion, a fine per day until the application is submitted and approved. I'll suggest it though some won't like it for reasons cited in first reply above but that's good solution that we can offer everyone for future violations.

Our association has a flat fine of $125 if an architectural request form is not filed PRIOR to engaging in any project that requires one, even if the project is (or may be) approved.

If the project isn't approved, the homeowner not only pays the fine, but whatever it costs to set the condition of the property as it was prior to the (invalidated) project.