That the point is to get compliance with the covenants). The underlying violation has been cured boards may consider waiving fines (remembering It limits the board’s ability to fine to only those items specifically in the This seems like an obvious thing to say, but

In addition to the procedures above, fines can only beĪssessed for a violation of the covenants or rules of the community. Had this opportunity, the board should make a decision in writing, and if finesĪre going to be assessed, provide a minimum time period to cure the violation Homeowners can opt to share written explanations if they don’t want anĬoncerns about coronavirus (COVID-19) many communities have begun holding video Hearings are held before the board of directors while others use a panel orĬourt proceedings, but they are the homeowner’s chance to “be heard.” Hearings can also be held via telephone or So, several letters may go out before getting Multiple points of contact prior to actual fines being assessed. Most communities establish a procedure that provides

Will have to provide written notice of exactly what the covenant violation

Providing notice means that before any fines are assessed, the association To begin with, the standard process across the nation is to provide (1) Usually one of the first thing folks want to know about is In these communities, the neighborhood suffers the consequences of the lack of good enforcement options and decreased home values are usually the result. What starts as a single violation turns into a community-wide neglect for properties. Properties are less well-maintained, and home values are negatively impacted. Instead, the violations are ignored in a way that detracts from the community. These could run several thousand dollars each time and be much more for someįinally, the result of having no fining authority (and litigation as the only option) is that many communities end up not enforcing the covenants at all. Represent it and have to pay attorney’s fees and other costs associated with Take someone to court, it will almost always have to hire an attorney to If the only option for the Association is to Second, fining would generally cost the Association-and byĮxtension, all homeowners-less than any other covenant enforcement option. Jury that isn’t familiar with the community. Neighbors are answerable to those they live with-not to some judge or Homeowners to retain control over the process. Mail about a possible fine than have the sheriff at the door delivering a Everyone would rather receive a letter in the Wants to generate the type of animosity that suing someone creates. Remember, everyone is a neighbor and nobody Matters could take at least 6 months for simple cases and could last severalĪ far less adversarial procedure than suing someone. Sense to sue someone every time that a neighbor leaves their trash cans out orĪ faster resolution to a covenant violation than taking a homeowner to To begin with, fining is preferable to going to court for Produces better results, than any other type of enforcement option. Simply put, fining is more efficient, saves the community money, and Many newer HOAs andĬondos have this authority as a basic starting point for enforcing the rulesīecause there has to be some effective mechanism to hold everyone responsible Why Fining is the Preferred Method to Enforce the CovenantsĪuthority to assess fines is the norm in South CarolinaĪnd across the nation. How does a fining system generally work?.Why is fining the preferred method to enforce the covenants?.In those South Carolina communities that have consideredĪdding fining authority, a couple of questions are typical: Specific governing documents, and authority to fine may not exist at all. South Carolina, the enforcement procedure is established primarily by the In North Carolina, the authority to fine and the procedure for levying Instead, most HOAs use their fining authority to get theirĬommunity members to comply with the covenants. While this might sound fine, and in someĬases is necessary, it doesn’t make sense in the vast majority of cases. Most covenants authorize “an action at law or in equity”Īs a method for the association to enforce the covenants-basically, if there’sĪ violation of the covenants the association can sue a homeowner. Nuances that make the laws in each state unique, one that I deal withįrequently is the enforcement method for covenant violations. I’ve written more than once about the need for a comprehensive HOA statue in Primary differences between the law in these two states is the fact that NorthĬarolina has a comprehensive HOA statute while South Carolina does not. My community association practice is split between North

Hoa covenant violation letter template