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BarbaraD6 (Florida)
Posts: 347
Posted:
We have a list of violations and fines for that violation. I don't know where my list is so here is a made up example:
Violaion
Planting on common property
7days to cure( if not cured,sent to the covenants committee for recommendation)
$25.00 a day fine until cured (board vote's on recommendation)

Our new manager said their can't be a list of violations with fine amounts because the covenants committee is being told what to fine the violator. ???????

The covenants committee has only been fining for a few months and if its being done wrong we want to correct the procedure. How is this done in your community?

Barbara
MaryA1 (Arizona)
Posts: 7,043
Posted:
Barbara,

We have a Board-adopted policy that outlines the notices that will be sent and the applicable fine. Per AZ State law, a fine cannot be imposed until the violator has been told that they have the authority to appeal the violation. Our PM is resp. for checking the community for violations and sending the notices. This is all done in accordance with the BODs adopted policy and state law. The BOD only gets involved if a violator appeals. The PM prepares a detailed violation log that is included in each month's packet for the board meeting.
BarbaraD6 (Florida)
Posts: 347
Posted:
Hi Mary,

The manager wants the committee to come up with fining amounts for each violation.(not to use a fining schedule) The board adopted a policy and a fining schedule. She has us so confused now.

Barbara

BrianB (California)
Posts: 2,820
Posted:
simple solution:

develop a list of common items, and proposed fines for each.

put a paragraph in the list that "the HOA BoD reserves the right to alter, adjust increase or mitigate the amount of proposed fines based on the facts and merits of a case"

Put a line that any deviation from the proposed fines shall be stated in writing and kept as part of the HOA records for future decisions to based upon (ie, it is precedent setting and potentially binding. your board should apply their discretion carefully).

remind your property manager that they work for the board, not the other way around.
BarbaraD6 (Florida)
Posts: 347
Posted:
Brian,

We have the list and proposed fines, that's what the manager is objecting to.

Barbara
MicheleD (Kentucky)
Posts: 4,491
Posted:
The manager works for you.

I'm not seeing the problem here.

If you have followed your documents, and created a fair and enforceable fine schedule, then I'm not sure the manager is providing needed input.

MicheleD (Kentucky)
Posts: 4,491
Posted:
By the way, the committee coming up with a fine amount for each individual violation could easily run the HOA into inconsistent enforcement territory.

I think it would be helpful if the manager could explain why that method is superior to the apparently sufficient one your board has adopted.
BarbaraD6 (Florida)
Posts: 347
Posted:
Michele,

That's what I said, if the committee didn't like the owner they could fine more than one they liked. Sure smells like lawsuit territory.

Barbara
MaryA1 (Arizona)
Posts: 7,043
Posted:
Hi Barbara,

As Michele said, the manager works for the BOD, not the other way around. The BOD should let the Committee and the Mgr know that, until such time as they (the BOD) feel changes should be made, their board-adopted fine schedule applies -- PERIOD. Depending upon contract terms, managers can be replaced and committee members serve at the pleasure of the board. If your manager is an employee of a mgmt co that the board has contracted with, he/she can be replaced by a different manager. The BOD should never be afraid to exercise their control powers over a paid manager or a committee member.

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