Rent Real EstateHow To Enforce HOA Rules
HOAs often have rules that don"t exist in traditional subdivisions. Things like controlling pets, the look of the dwelling and where you park frequently qualify as finable offenses.
To help the Board mete out justice in a consistent manner, a Rules Enforcement Policy is needed. This sample resolution can be modified to conform with state statutes and the HOA"s governing documents. Before enacting one, it should be reviewed by an attorney specializing in homeowner association law. Here"s how a resolution might look.
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Nottacare Condominium
Policy Resolution #1
Rules Enforcement
WHEREAS Section ___ of the By-laws grants the Board of Directors with the power to conduct Association business and, to protect community harmony by providing guidelines and a procedure for address conditions that disrupt that harmony,
LET IT BE RESOLVED THAT the following rules enforcement procedures will be followed:
1. The Board of Directors is authorized to enforce the Rules as outlined in the Rules and Regulations.
2. Rules violations are to be reported to the Board of Directors in writing and signed by the complainant. The complaint will be investigated as soon as possible.
3. If the report of violation is accurate, written notice will be sent to the Owner. The first notice of the violation will be regarded as a warning, unless otherwise stipulated in the Association Rules.
4. If, after 10 days the violation is not cleared or is repeated, a Penalty & Enforcement Fee will be levied against the Owner as follows until the violation is cleared according to this:
Schedule of Fines for Violations
Parking $__ per day or $____ per occurrence (See Parking Policy)
Pet $__ per day or $____ per occurrence (See Pet Policy)
Architectural $__ per day or $____ per occurrence
Rules $__ per day or $____ per occurrence (See Rules Enforcement Policy)
Rental $__ per day or $____ per occurrence (See Rental Restriction Policy)
Late or Non-Payment of Assessments: See Collection Policy
Appeal Process. Any Owner receiving a Rules Violation Notice may submit a written appeal to the Board of Directors (or Property Manager). The owner will be given an opportunity for a hearing and no enforcement fee will be imposed until after the hearing.
Recorded in the Minutes:____________, 200___
Signed on :____________, 200___
_______________________________
President -- Board of Directors
For more information on this subject, see www.Regenesis.net.