it would take a month to answer this question. what exactly are you trying to enforce ??
Your HOA should have a set of documents called bylaws. Start by getting a copy and reading them.
Pretty much the same way your local gvt and state govt does. Fines for rule breaking and possibly restricting some rights. "Rights" being "membership rights" Access to the pool or other recreational activities. Want to really hurt them? Remove the right to park on common association ground.
Caution.... all rules must be equally enforced or not enforced amongst all residents.
Rules and bylaws are not the same. In many HOAs and Condos bylaws there are provisions which the majority of members would like to weither change or not enforce. But changing the nylaws can be a daunting process because in mnay states it requires a majority of 66.23% to approve a change. This is a very high fence to huirdle. Rules hoqwever in most states only require a 50+% approval vopte of the unit owners. In both cases your state HOA or Condo Act dictate how such bylaw or rule changes can be effected.
All rules and bylaws need not be equally enforced.
Charles...does your last comment mean that some people can rob banks and not others? The courts have ruled in several states that the Declarations and Rules must be enforced equally, or they cannot be enforced at all. By the way, the Declarations are the documents that define the complex, and how the owners live in and use their property and the common elements. The procedure for changes or amendments are written in the Declarations. The rules and regulations are separate from the Declarations, and can be changed much more easily, but still require a vote of the Association members. The By-Laws define how the organization will be run...Board, their duties, required meetings, voting procedures, etc. In our association there are different percentages for changing the by-laws than changing the declarations. The rules and regulations seem to be changed depending on who is on the board, and give additional guidance for being good neighbors. Your Declarations should provide guidance about remedy for not following them. But if they don't, first contact the home owner by phone and talk to them. That's the neighborly thing do to. If that doesn't work, send a letter as a 'second notice.' If that doesn't work, ask your Assocition attorney to write a letter. Not sure what the law is in your state about denying services unless the homeowner is not paying fees. You'd have to ask your association attorney taht question. Hope this helps you.
In this condo, we have bylaws, condo docs, and standard rules. Nobody follows them and the board does nothing. We dont allow dogs, but the president's mother in law who lives in one of the condos has a dog and he wont tell her to get rid of it. Even though there are rules in place in every condo, the board always uses a selective enforcement process. Just do whatever you want, keep track of what the others are doing date and time and enjoy your life because in 99% of the situations, the boards do nothing. The cops dont do anything either "this is private property, all we can do is suggest that they be neighborly and stop banging the pool gate at 5 AM, we cant even enforce the town ordinances in here" So there you go... GEORGE ORWELL WAS SOOOOO RIGHT!
Your state's condominium act prempts any conflicting provisions in your documents or bylaws. The "hold harmless" clause in bylaws referring to Board members does not cover violations by them of the state law. Knowingly acting contrary to the state provisions could subject the board and the individual members to legal penalties. READ YOUR STATE LAW
In our Association, which is in California, we have CCR's, Bylaws and Rules and Regulations. The Bylaws are instructions on how an Association is managed, The CCR's is THE document that lays the foundation for which the Rules and Regulations come from. It is the Rules and Regulations that is the enforcement and fining mechanism of each Association.
To amend our governing documents required 66 2/3 for CCR's, majority of 1/3 for Bylaws of the membership and the Rules and Regulation are approved by the Board only. We just eliminated quorum for any and all member meetings.
If I understand what you posted you'd best download a copy of the California Condo Act. This set of state law takes precendent over anything in your CCRs or ByLaws or rules when there is a conflict.Your definitions arer in conflict with several provisions in your state law.
Need suggestions from anyone who may have gone thru this:
Small HOA (15 units) bylaws, CCRS say each unit takes care of the exterior of the unit, paint, wood replacement, roof windows, etc. HOA takes care of common ground, Pond area. We do cut the grass front & back for the units - no trees or bushes. Got the idea. I have a unit owner where both are attorneys - they ignore to follow the HOA rules. They leave junk out in their yard. Old wood, ladders, hoses, pet carriers, etc. They refuse to fix the exterior of their home. They will not pay their fees on time. They pay on the 90th day... Get the drift - they are bulling the HOA and other owners. I have called 10 attorneys to do a civil suit for the exterior of their home, No one will take the case, conflict of interet they say. Has anyone had this problem ? We are in SC and do not have state laws for this. Can we put in a compliant to the SC Bar Association on them? If we have documentation of letters, photos could they sue us the Board or indiidual owners and get away with it ? Mortgages are of record, what if we notified the lender ? Is there something about the privacy law on this ? even thou it is common record. Any suggestions.
The keys to enforcement of your governing documents and Rules and Regulations are:
1. Properly adopt your Rules & Regulations.
2. Ensure that your Rules & Regs are reasonable and enforceable.
3. Create a standard process for addressing violations and applying fines or sanctions.
4. Communicate your procedures to owners clearly.
5. Promptly and consistently address violations.
Applying fines when a violation is not remedied after notice has been made to the owner is the easiest way to address violations. If properly applied, fines become legally collectible in the same way that assessments are collectible.
It's important that the Board document their standard procedures as well as steps taken when a violation occurs. Should the matter end up in court, this will protect the Board. A haphazard approach oould result in a judgment against the association.
You should look to any state statutes regarding the proper procedures for applying fines.
Theoretically your are correct.In the realworld comlpying with the dictates of your state's cvondo law is extremely difficult to accomplish. Ypu'll never really know till you try.
I am in Florida. Where will I find procedures for fining people regarding violations. It isn't clear to me what we can do legally.
The Florida Statutes for condominiums can be found online: http://www.ccfj.net/condo718statutes.html#718.124.
Your association's governing documents (Declaration and/or By-Laws) should indicate the powers of the Board to levy fines or impose sanctions for violations. If you are uncertain as to how to interpret your documents or the Florida statutes, you should consult an attorney who specializes in condo law.
Thank you for all of your opinions. Firstly we have all types of violations. dogs fouling, rubbish stored on Lanais, etc. I am trying to do something about this but it seems to me that the BOD & Manager are stonewalling. We are self managed & the same people have been on the Board for years. I am an overseas owner who can only spend 6 months here in 1 year. Every time I find a violation they tell me that they cannot fine these people or it will cost to much to follow it through. We are a Multi Condominium of 448 units it's very hard to get people together to fight this. We have been told by the BOD that the Rules & Regulations were never registered therefore are invalid. Could this be true?
Before I could reply I need to know in what state your condominium is located and secondly doyou have a copy of yourn condominium bylaws?????
I am in Orlando, Florida.
I apologise Charles for not completely answering your question. Yes, I do have a copy of the Rules & regulations along with Condo Documents for Florida. We are being told that our Rules & Regulations were never registered so they can do nothing about these problems. They say they try but cannot enforce them with fines.
Who or what organization are you referring to as "They". Have you checked out the penalty your association may face for failing to regisger your bylaws??
They I am referring to are the Board of Directors. This condominium is 25 years old. Since July 1st our BOD has formed a Violations Committee of 3 people. I am one of those on the committee. I am also from overseas (UK).We (the committee) were asked by the Boards earlier this year to look into Amending our Rules & regulations. Which we did & they presently are with the Associations Lawyer for scrutiny. In the meantime we are informed by the BOD that the Lawyer cannot find any record of the Rules etc ever being registered. Now who could be responsible for that? In the meantime we are having violations committed every day & the manager is telling me that other than send out notices asking offenders to "stop offending" we cannot back it up with fines because we do not have the legal means. I am sick of being told that we can do nothing it doesn't make sense to me, but of course there are many crazy laws relating to Condo's & I cannot get to the bottom of this. It all began with an owner being given permission by the President to use "Common Elements" to lay a Patio with materials that do not blend in with the surrounding area along with a picket fence.
In Colorado, a board can be held financially and legally responsible for not enforcing. When you bought, you signed these documents saying you would abide by the rules, and thus have an expectation that all others will.
We have the president of the board who has installed 3 mechanical skylight on the roof of his unit. This was all done without the approval of the entire board. A violation of covenant has been filed. But the skylight are still in place. The roof structure was greatly weakened by this act. What can we do?
Can a board member or all board members
override a condo by-law by a vote? There are 7 units in my condo ..in Juno Beach Florida
There are owners who are not active in there property only when to get money from renters and when its time to get the grass cut on the trash dumped or whatever is needed from the condo assc. no one calls with concern because they dont live on the property and when the 1 who lives in there unit calls all of the time there are promises to do these things but nothing get done what can i do to get all who are involved motivated to be concern and get things done?