when does the fines committee get involved?

Cindy, before violation letters are sent it is best to establish Rules and Regulations on Enforcement of restrictions. The policies and procedures which are approved should be sent to every owner. Then everyone know what the next step will be. Following is an example:

Rules and Regulations on Enforcement of Covenants and Rules

In order to maintain property values, safety, and quality of life the Association enforces restrictions itemized in the Declaration (Covenants), Bylaws, and the Rules and Regulations (sometimes called Policies and Procedures). This may be referred to as Covenant enforcement, or Covenant control, or Covenant compliance.

The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. A Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation.

To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision.

When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs.

Hello Linda - Good for you! Obviously your board had second thoughts that they have the right to trespass - even if your documents gives them that right. That's because state law always trumps your documents, and I doubt any state would allow an HOA board to trespass at will. Your paint color is certainly not an emergency, and even the police need to convince a judge to order a search warrant to enter your property uninvited. Just because your documents say you can do such and such, doesn't always mean you can actually do it. Harold

Claude and Roger- Where we live in florida we have 3-4 acre parcels and we have alot of pine trees that were grown to be used for logging purposes as the ORINGINAL owner of the 3500 acres was a logging corporation located in Jacksonville Fl.... We had 2 hurricanes Frances and Jeanne that blew their way thru here- As a result some if not all us had snapped in half trees on the property-- I called them yard art as they were kinda cool looking and birds had started making their nests in them.The BOARD called them nuisances and DEMANDED they be removed-- Gave us a time line to do then served us with the Dec page that gives them the authority to enter the property - cut the trees and charge us.Some people out here posted NO TRESSPASSING signs on their trees and now are being charged with displaying a sign w/o board approval..HAVE THESE PEOPLE NO LIFE you may ask.The answer is NO they do not----Must be something missing from their upbringing as kids to make think they have all this misdirected power...So thats why I asked Roger for the verbage stating that they must gain court approval to enter the property ............Thanks for help and input as always Linda C

Roger- I don't have a problem with them "requesting" broken trees to be removed- It's the wording that states they can come on the property basically for looking for potential violations and such entry will not be deemed a trespass..I have SEEN a letter written by the assc. corporate attorney -I have the email- and he states that when we bought our property we knew that section was in our declarations and we agreed to those terms and basically tough luck- WE WILL ENTER YOUR PROPERTY AND THERE AIN"T SQUAT YOU CAN DO ABOUT IT.......Even though stautue of florida 810 clearly defines a trespass....So any suggestions ??? everyone here is fed up that they are flexing muscle and only looking for violations on the people lots who are fighting back at the King and his Court.....You know the kind Right???LindaC

according to our CC&R's we are suppose to send them a warning of the violation then a fine. As a curtosy to our homeowners we send them a second letter............................our board wants to be kind to the members...............??????????
So what do we do?

Cind the following describes our procedures:

Covenant enforcement is arguably the most important function of a Community Manager. DARCO has achieved its outstanding record by applying the Golden Rule - “do unto others as you would have them do unto you”. We realize that homeowners want the rules to be enforced in their community. But for them personally it is different because they feel their home is their castle, in other words, they feel they should be able to do whatever they want. Owners often are upset when they are advised they are in violation of a restriction; some much more than others! DARCO anticipates this and is careful not to exacerbate the situation.

Difficulties occur because each of us can have different standards based on our life experiences. For example, some owners want all roofs to look the same, while others want variety. Some want all houses to be painted the same color while others want a selection of colors. Some want pets while others do not want to hear dogs barking. In other words, some want what others do not want. These are situations each community must resolve in a manner which will meet the standard of being reasonable. DARCO recommends each HOA establish reasonable restrictions. Also, Rules and Regulations (policies and procedures) on enforcement are needed. To be effective these restrictions and rules must be acceptable to the owners and provided to all owners in writing.

DARCO’s enforcement procedures include periodic monitoring of the community, without going onto any owners property. Also, DARCO will investigate promptly any owner’s complaint and honor their request for anonymity. A digital photograph is taken of each observed violation. This is followed up by giving a Covenant Compliance notice to the owner informing them on the restriction to which they appear to be in violation. When available a copy of the photograph is enclosed. Reference is provided on the restriction and they are asked to correct the situation promptly. Care is taken to make the tone of the letter informative and non accusatory. The owner is invited to call DARCO if they have any questions.

If the violation has not been corrected by the next inspection a Violation of Restriction letter is provided. This letter states the alleged violation, the reference for the pertinent restriction, a dead line for correction (such as 10 days), and advises the owner of their right to a Hearing. The letter also refers the owner to the Rules and Regulations on enforcement of violations for additional information on the procedures the association will take, including the fine policy, if correction for a violation is not completed.

If a Hearing is requested the community manager will immediately advise the Board and Chair of the Hearing Committee (if one exists) and coordinate the Hearing date with the owner. The manager will be available to testify at each Hearing. The Board members are provided a report after each inspection either by email or, when available, posted to the Board’s private page of the HOA web site. Digital photographs of violations will be provided upon request.

If a violation is not corrected after numerous increases in the amount of the fine the Board may wish to correct violation. If such a situation ever arises DARCO recommends the association not enter the property just based on “the right” provided in the Declaration of CC&Rs. It is recommended that a court order be obtained. Then when the property is entered for correction the managing agent should be accompany the contractor and have the police present. All costs are assessed to the property with payment the responsibility of the owner.