COMMENTS
Here's an excerpt from our Rules and Regulations document:
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Unit Owner and Resident Violations
The governing documents of the XYZ Condominium Association (i.e., the Declaration of Condominium, By-Laws, Rules and Regulations and Board-approved Policies) were instituted to promote a harmonious and uniform community environment. Violations of the code of behavior set forth in these documents that are reported to the Board shall be addressed promptly and fairly, and with reasonable uniformity. Infractions shall be addressed in the following manner:
a. One of the Board members will contact the unit owner violating one of the condominium documents via telephone, email or a personal visit to make them aware of the violation and to ask their cooperation in resolving the issue. No further action will be taken until this contact has been made and an appropriate time, not to exceed 5 days, has been allowed to correct the violation.
b. Written notice from the Management Company, again citing the specific infraction, shall be issued to the unit owner. The Management Company shall then attempt an amicable meeting with the unit owner to restate the violation and obtain assurance from the unit owner that the violation will either cease immediately or be fully rectified within seven days of the date of the written notice to the satisfaction of both the Board and the Management Company.
c. If, after the seven-day period, the unit owner has not ceased and/or rectified the violation the Board shall direct the Management Company to issue a second written notice of the violation, extending the period of resolution for another seven days. This second notice shall further state that persistence in the stated violation or unsatisfactory resolution within the second seven-day grace period shall result in a fine of $25 per day, beginning on the date that the first written notice was received by the unit owner, until the violation ceases and is fully resolved to the satisfaction to the Board.
d. All costs incurred by the Association to rectify any damages associated with the violation shall be in addition to the $25 per day fine.
e. Unresolved, simultaneous violations unrelated to the same infraction of governing documents shall incur an additional $25 per day fine without benefit of any grace period.
e. Repeated offenses of the same infraction of the governing documents occurring within two years of the most recent offense shall incur the $25 per day fine without benefit of any grace period.
f. Further action by the Board for continued noncompliance shall be as cited in the Declaration of Condominium and in the By-Laws.
How do you deal with dog owners who refuse to leash their dog?
We have had similar issues in our complex. First off, are you on the Board of Trustees in a self managed complex, or do you have a management company? Do you have Rules and Regulations for your complex?
My answer is based on "self managed" and "yes" on the Rules and Regulations.
For instance, we have had issues with owners leaving shoes (8 pairs in one case!) outside their door in the common area. You, if you are a Trustee, can impose fines for such events. We send them an email from the Board first in which we request the items be removed. If that doesn't work we then send a letter with the threat of fine ($25.00) to be attached to their unit and reflected on their monthly condo fee statement. This fine would continue monthly and if they sell their unit it is payable until all is cleared in order to get a 6D certificate. No payment, no 6D, no sale.
Our condo docs stipulate that Trustees, at their discretion, can make or change condo rules. This is a great tool since some fines in our original docs were too small, some ridiculous due to a past board member.
Read your Trust agreement. This sould spell out what you can or cannot do legally, but the above has worked pretty well for us.
If you have a management company they usually jump right on that type of behavior
Take the shoes, that'll learn em!
Dog owners who refuse to leash their dogs? Report them to the management company and fine them $25 for EACH offense. Send out a notice site wide that this is what will take place, fair warning, their choice. Stick to it! Owning a dog in a condominium is a privilege, not a right and I'd make sure that all pet owners were aware of that. Is it a town law to have an animal on a leash? You might want to check that out as well.
With respect to the original question, rule enforcement:
In North Carolina, state law requires owners to adhere to covenants, bylaws, and rules established by HOA. The penalties for failing to do so can include fines, property liens, or litigation. Check the laws in your state.
At least half the battle is the will of the board to face the offender and the individual board member's ability to withstand the blowback. Expect to get torched. Noncompliance is often brought on by money problems and other stresses. When the board delivers "still more stress", the offender is apt to blow up verbally, send a threatening letter, etc. to relieve the stress. Stay calm - do not respond in kind - but don't run away. Give them a little time and all but fugitives from the law and the mentally unstable will come around.
Regarding pets:
In our town, there is an ordinance regarding the leashing of pets. If an owner fails to do so, we take a photograph and call the police. The police will issue a citation to the owner.
Regarding pet waste; we have rules about that as does our town. We recently sent out a newsletter to our owners with regard to our ability to perform DNA testing of pet waste. The perpetrator will be identified and their owner fined as per our HOA rules, pay for the DNA testing, and local law enforcement will be notified.
Rules violations can be enforced by the following methods: apply fine, revoke rights of usage of public areas, revoke voting rights.
To apply fines your CC&Rs must allow for it. If it's not explicitly allowed in CC&Rs you'll have to modify them and get all owners to vote on it. Until you have that covered you cannot issue fines. You also need to have a fine schedule. A fine schedule is something your board can come up with but it has to be distributed to all owners and there has to be a period for owners to comment on it (This may vary based on state laws). If you have all of the above covered you can issue fines but you have to comply with with your state law. For example in CA you must have a meeting with the owner before you can issue a fine.
Once the fine is issued it becomes due. Different states vary in what you can to do to collect it if it's not paid. Some states will allow you to put a lien and foreclose on the property, while others don't let you do that. In that case all you can do is to wait for the person to decide to sell and attempt to collect at that time.
You can limit owners from using public areas - pool, sauna, gym, etc. If your public is a public space (in some cases parking space is deeded) you can include that as well. Depending on what your building offers and how difficult is street parking it might become a big motivator for people to pay the fine.
You can revoke voting rights of people that fall behind their dues. Unfortunately reality that people that repeatedly violate rules usually don't care about their voting rights.
Ron, are you a condo or single family homes? Are our streets public or private? How do you get police to enforce rules on private property, which all condos are.
It's good that mour state laws give your board the right to establish rules and regulations for your association because most owners don't take the time to read their condo bylaws and documents (that is if they even have a copy). Make sure you have an updated Rules and Regulations Handbook. We are now self managed, last year we rewrote our handbook, we had our attorney approve it and then we held a meeting and distributed it to all owners. We updated all policies and we added a formal "Enforcement and Fining Policy" based on our documents and state law. We have very specific sections covering property, nuisance, and parking violations. There are certain things you must do before fining an owner so make sure you follow your state condo laws regarding notification and hearings (in Ohio-owners must have an opportunity to be heard at a hearing if you are imposing a fine). I would suggest if you approach an owner regarding any violation that you do a "Notice to Cure" in writing and not just verbally address it so you have documentation and proof that you gave them an opportunity to correct the issue. Make sure you have specific policies regarding pets renter's Our also covers policies for renter's, our right to request insurance policies etc.
Good stuff!!!!!!!!!!!!!!!
Actually,Condo owners are not required to comply with HOA rules.
Sure, and Americans don't have to pay taxes.
This is supposed to be a forum to assist other condo associations, but I just can't let the
"Actually, condo owners are not required to comply with HOA rules"
person off the hook on that one!
Really??? So when the Association attaches a (for example) $25 fine on a daily basis to your unit for non compliance to the rules and you try to sell your unit a year from then without a clear 6D from the association, how likely are you to sell it without first paying your fines? The answer is VERY unlikely.
OMG I hope you never move here!! You probably don't think pet owners should clean up solid waste from their dogs on the property either, and I would take your shoes and throw them away.
Plain and simple -- you treat it the same as any other CCR or rule violation. You give them so many days to cure the violation then you start imposing fines. If they don't pay the fines then you take them to court for a judgment. You are always going to have some members who won't comply but if you're consistent and fair the numbers won't be so high and the court cases won't be many. My assn. starts out with a "friendly reminder" as the first violation notice. Very few of these become a second notice with a fine.
Maybe not at your HOA, Harold, but we were required to attend a face-to-face meeting with members of the board, who went over the rules with us, and we had to sign a doc before we could close on the condo affirming that we understood the rules and regs and would comply.
Wow, Ron Melzer!!!
"Regarding pet waste; we have rules about that as does our town. We recently sent out a newsletter to our owners with regard to our ability to perform DNA testing of pet waste. The perpetrator will be identified and their owner fined as per our HOA rules, pay for the DNA testing, and local law enforcement will be notified."
A few questions, Ron...
Just how do you match up the poop with the pet? Demand a sample of pet poop from all pet owners, then be present when it happens to scoop up a sample? Keep identified samples? - Where? - until an anonymous pile shows up in the wrong place? Scoop up some of anonymous pile? Prepare identified samples and anonymous sample so that they can be mailed off to a DNA lab? And finally - drum roll, please - whose job is this?
How do we get condo owners to comply with HOA rules?
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That was the question. I guess that you believe that an apartment building built on HOA property is a condo.
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In my mind, it isn't. A condominium is a different legal entity. Thus, my original statement.
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If an apartment building is called a condo wherever it stands, even on HOA property, please let me know.
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Harold Clausen (very old English teacher)
Harold . . . ? HOA stands for Home Owners Associations, apartments aren't part of the equation.
Found this great info posted Friday, March 16, 2012 by Kate . . .
"I'm on the board, and we've had to send letters to owners about violations regarding pets. One owner had taken in a cat from her adult child -- it was an outdoor cat who didn't get along with her dog, and she would just let the cat roam the halls and sit outside and beg to be let in the building. We spoke to her in person, wrote personal notes and sent multiple official warning letters. It wasn't until she was told that the very next time the cat was in the hall or on the steps or building property that we would fine her did the situation get resolved. We have an issue now with renters who refuse to keep their dogs on a leash while in the halls or on the property, which is a liability. The owner has been warned and fined, yet it still happens."
Jeff is correct when he said there are exact guidelines you must follow before imposing a fine on an owner. There's more to it legally than simply giving them a notice and if they don't comply charging a fine to their account. Most states have laws governing HOA's, FIRST you need to find out your state laws and procedures because they supercede your documents. To the person who posted the original question-what state is your association located in?
Let me respond to several questions regarding my post:
"Ron, are you a condo or single family homes? Are our streets public or private? How do you get police to enforce rules on private property, which all condos are.
Posted @ Sunday, March 18, 2012 10:14 AM by Jeff Ross"
We are a condo development. And all the property outside of the buildings is owned by the HOA. However, the town ordinance leash law is written such that no leash is required for fenced in property. We are not fenced in. Therefore, the police can write the citation.
"A few questions, Ron...
Just how do you match up the poop with the pet? Demand a sample of pet poop from all pet owners, then be present when it happens to scoop up a sample? Keep identified samples? - Where? - until an anonymous pile shows up in the wrong place? Scoop up some of anonymous pile? Prepare identified samples and anonymous sample so that they can be mailed off to a DNA lab? And finally - drum roll, please - whose job is this?
Posted @ Sunday, March 18, 2012 12:16 PM by Kay Borden "
Realize that a lot of people watch CSI type TV shows so they understand how DNA evidence can cause the identification of an 'unsub' (unknown subject) and subsequent arrest. Okay now you tell all the residents that several companies are offering DNA poop services and that the HOA intends to engage their services should all the pooping continue. That usually stops most because they don't think it through as you did. However, the DNA analysis can provide the breed of the dog as well, so if you had to get a DNA test, the results could narrow down the suspects significantly. If the test shows poodle and there are three poodles, you fine all three unless they provide poop samples to prove it was not their dog. Obviously the DNA testing cost goes up for the owner of the pooping poodle, realizing that they usually admit to it. Who picks up the poop? A brave person but usually most children will pick it up for $5. And by the way, we provide two dog poop drop containers as well as poop bags. Our landscape company disposes of the poop trash.
Thanks for the poop answers, Ron, and by the way this would make a great comedy routine!
Wow, this subject sure got everyone's attention. The original poster sounds like he/she is faily new to the task of rules enforcement. Here is a few hints on how my board (WA state, 130 units) handles the few that make life tough on everyone. Construct an easy to understand fining process. Warning letter first, $25 fine with second letter and $100 fine with every letter thereafter. A lien gets placed on the home if the fines are not paid. Let the homeowner (never the tenant) know in each letter that they have the right to argue their case in front of the board that meets once/month. The complainant must contact the property manager for an appointment with the board and is provided 10-15 minutes to state their arguements or ask for mercy (which they usually get if they appear to understand the reason for the rule and promise not to break it again). After presenting arguements they are told by the property manager, who is preciding over the meeting, that they will be contacted about the board's decision by mail. We have always found that trying to debate the issue with them in the meeting typically results in the homeowner losing their cool.
Here is what you DON'T do; don't go to the homeowner's door to ask them to refrain from what they are doing. We find that they get very insulted with the polite reminder. Do send a letter instead so they have a clear understanding of the process. DON'T let them bully you at the meeting. If they are acting inappropriately (ie; calling the board a bunch of nazis) then stop the meeting and send a letter afterwards. If they harass you in the common area (one of our homeowners oinked like a pig at the board president whenever she walked by) then contact the associations attorney to send a letter with a promise to get a restraining order if the behavior doesn't stop.
Always remember that your primary duty as a board member is to protect the homeowner's investment and most important asset, your homes. You are not a charity organization so you must enforce the rules fairly and consistently. I wish you good luck!
"such as supplying a copy of your personal property insurance coverage, tenant lease agreements"
These are none of the boards business and I wouldn't supply them either. It is no-ones business what you have insured your home/condo for or who you have it insured with. Nor, is it the boards business who you have rented your house/condo to or for what price. If I own the building/condo/home, it is my business not theirs as long as I pay my dues on time and do not permit behaviour that is unacceptable.
All owners should be required to maintain a current homeowners policy, just like you were when you closed on the unit. It is the associations business if the owner has insurance just as the owner and their mortgage company want to know the association maintains a current hazard insurance policy at all times. If homeowners don't have insurance what happens if they or they tenant cause damage to the property? You may say "sue them" but it's easier to get a response from an owner's insurance company than having to file a claim against the associations. Subrogation is not fun and neither is suing the owner in civil court.
For safety reasons,the association should always know who is physically in the unit, again most state condo laws require you to have current information on all owners. Have you ever had to call the police and they first thing they ask is who lives there? According to our attorney, if the unit is non owner occupied the association is well within their right to require a copy of the lease as well as requiring the tenant to sign documents stating they will adhere to the bylaws and rules and regulations on the property. I could care less what you rent your unit for, all I care about is that the person in the unit whether they are the owner or not- pays their condo fees and follows the bylaws, rules and regulations. It's easy to sit back and "say it is no ones business" until you need to know the information, and if you as owner don't physically live there anyway the unit is simply rental income and not your home.
Lori, you are absolutely wrong. In Washington state we do have the legal right to require proof of insurance and copies of lease agreements. Further more, we also have the right to establish certain criteria regarding lease agreements in order to comply with FHA rules and keep dead-beats out of the community. Sounds like you are basing your opinion on emotion rather than fact.
That's Washington. Personally, if it came down to it, I would provide it but every single bit of personal information would be blacked out. They do not need the details. A simple statement that yes, you carry it is sufficent. It is no-ones business how much you pay or what coverage you have. Period. As to the lease agreement. The simple fact that it is rented to "dead beats" is no-ones business but the owners if he pays all the association dues and such. If he/she doesn't get rent that is his/her problem. If they are a community nusiance then you call the police on them whether they are the owner or renter. Simple enough.
Lori, once again you are wrong and hopefully no one takes your advice because you don't get it. Things are not as simple as you make them and it's obvious you have never had to deal with a bad tenant or the owner who has no insurance then expects the association to pay for damages they caused, many of us speak from experience. The association does not need the owner or tenants full insurance policy just the declaration page, same as what they (the association) provide to all owners as proof that they have hazard insurance. Documents with redacted information are useless. "Dead beats" cause problems in the neighborhoods where they live, because they don't care and just because the fees are current does not change that fact.
I have made it clear that pet owners clean up their poop. Also barking dogs cannot be left in back yards at night to annoy people. At one time we wanted all the dogs to go as there were so many but it seems heartless so we imposed other rules. So far so good.
Now as for the insurance policies I personally feel that when someone buys their unit they can show proof of insurance at that time. That sounds fair enough because it is insanity to be without it. What if there is a flood coming from the unit above? Think of the damage it could do to both units. I have seen it many times, usually plumbing problems.For example a unit above mine had a bad leak and it damaged my unit but I have homeowners ins and they repaired everything.The above unit is also mine so it was insured also. So yes it is alright to show proof of ins.Infact it should be mandatory to have it. Mmari
interesting subject, dog poop.I had a plan to get rid of the dogs but did not have the heart to do so. But with dog poop that is a different matter. The tenants clean up their dog poop or the dog goes and dogs need to be on a leash.I am the one who has the high honor of cleaning the grounds. We have help but it is an ongoing thing. Dogs really have no place in a condo where you are near many others.But dog poop needs to be cleaned up.Most tenants comply.
I say, Ron.It is practically impossible to attempt to match up the DNA of dog poop and guarantee that it will be the right dog. Dogs leave piles wherever and there is no way of catching the culprit. Good idea though. You try it first and let us know how many DNA'a match up a particular dog and his poop and let us all know.Who knows? You may solve a problem that has been around since dogs were created. Mari
I live in a condo in Michigan with over 100 units. Last couple years our BOD have been enforcincing the removing of weeds around the decks. The owner is resposible or is fined. My question is when a unit is going under bankruptcy and is vacant, why can't the BOD have somebody clean out the weeds and vines and bill the bank later? It is getting to the point that it is sure to be a rodent problem. Other times a deck on a vacant building (with bankruptcy issues) was in such bad shape it should have been demolished before somebody got hurt on it. There must some sort of precident regarding these type of issues to allow the Board of Directors take some action.