HOA Fines

[wpalmisano]

Quote:
REVOLUTION !!!!!!!!!!!!!!!!!!!

 

[CocoNUT]

Most of the homeowners really don't care too much for the HOA. It has NO real authority and is at the beck and call of the developer...who by the way...also happens to BE the "architectural committee" and other things. You can NOT get the ONLY approved fence installed UNLESS he approves it, does the survey and has his buddies install it! (can you say REGIME?) Bids aren't put out for our snow removal/grass mowing...at least it's not POSTED ANYWHERE for bid submissions...so I think one of his buddies takes care of that too.
Just give me about 25 acres...with a house in the MIDDLE...
Oh...and this community is not listed or advertised as "deed restricted".

 

[theFox]

Quote:
Well, it probably depends on what they mean as inoperable. A vehicle up on blocks for an extended period of time is often considered inoperable. A vehicle with flat tires over a long timeframe could also be considered inoperable. My guess is that there is probably a vehicle that can be seen from the street that is rarely, if ever, moved. And that that is the cause of the complaint.

It makes no difference Sonoran if a vehicle has flat tires it can still be operated and a vehicle on blocks can be lowered and operated, the charge is that the vehicle is inoperable, they have no evidence upon which you can base that conclusion unless they actually tried to run the vehicle, in which case they had to commit at least one illegal act.

Dispute the claim, call the police, and hit them where it hurts, their wallets.

 

[Sonoran Silkies]

Quote:
What state are you in? For reference, here is my state LAW on violations and fines. It would not surprise me if your state has similar provisions. HOA laws are probably lumped into the laws governing property; statutes covering contracts and corporations likely also apply.

B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten per cent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period. Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued. Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced.

C. A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within ten business days after the date of the notice. The response shall be sent to the address contained in the notice or in the recorded notice prescribed by section 33-1807, subsection J.

D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:

1. The provision of the community documents that has allegedly been violated.

2. The date of the violation or the date the violation was observed.

3. The first and last name of the person or persons who observed the violation.

4. The process the member must follow to contest the notice.
E. Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member. At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 41-2198.01 if the dispute is within the jurisdiction of the department of fire, building and life safety as prescribed in section 41-2198.01, subsection B.​

 

[CocoNUT]

Sonoran Silkies
[b :

I agree that there must be some obvious appearance to consider a vehicle inoperable. Generally there would be language specificaly relating to that (not allowed up on blocks for longer than ___). I think someone is upset that you are parking in the driveway rather than the garage, and is complaining to the management company.[/b]
No language provided.

Don't forget the considerable cost to maintain the roads--a reason why many HOAs choose to not own their own, but rather to deed them to the local government.
To date: there has been absolutely NO maintenance done with the roads (other than the joke they call "plowing"). One back road had been sealed....but nothing on any of the other roads...and it likely won't happen since the development is not even CLOSE to being completed.


We're not allowed to have YARD SALES...eventhough EVERYONE in the community has asked for them...cause the developer won't allow them.
The development does NOT turn over to the community until over 60% of the development has been finished OR 2020, whichever comes first...WITH the option of the developer to extend said turnover date.

Check state law! It is common for state law to require turn over at a certain point (such as the 60% buildout).

Oh and just FYI, we were NEVER given a copy of the HOA CC&R's before we bought. We still have NEVER been given a copy of them! We were never told there was going to be an HOA, we asked. They only had a one page "sample" copy available after we purchased our home and were told by our new neighbors there was an HOA! We were also informed there weren't going to be any townhomes in our community....guess what? They're advertising them now! (you know...add-ons...protected and allowed under the CC&Rs).

Check your plat map. If the developer sold homes before creating the HOA, chances are that he cannot control properties sold before the HOA was created. If he (or his sales agents) deliberately misinformed purchasers about CC&Rs, and did not provide an opportunity to review ahead of time, chances are that they are not enforceable, and/or that you have a significant tort against the developer.
The HOA CC&R were dated the year we ordered our house built. (However, backdating of legal documents wouldn't surprise me at all in this area!) The documentation actually provides a provision that all ceeded lands and future land purchases/attachments to the original plots fall under the same legal guidelines/provisions as is stated in those declarations.
Small-town guys...gotta love them!

HOA laws are probably lumped into the laws governing property; statutes covering contracts and corporations likely also apply.
I live in WV, as far as I've been able to find, there aren't a whole lot of laws regarding HOAs etc. The laws regarding condos were more specific!
State law does not mandate a SET amount of fines. Just the interest.

B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten per cent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period. Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued. Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced.

C. A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within ten business days after the date of the notice. The response shall be sent to the address contained in the notice or in the recorded notice prescribed by section 33-1807, subsection J.

D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:
FYI, the "initial" violation notice was NOT sent certified or even return receipt! It was also sent two days after a community-wide memo giving everyone 60 days to correct any infractions. (end of Oct.) And AS SUCH was ignored. The Cease and Desist note referenced "secondary investigation". That was sent certified. (I remember from my "certified letter days" that unless it's certified...it isn't a CONFIRMED delivery/notice!)

1. The provision of the community documents that has allegedly been violated.
***** provided
2. The date of the violation or the date the violation was observed.
****** NOT Provided
3. The first and last name of the person or persons who observed the violation.
****** Definitely NOT provided.

4. The process the member must follow to contest the notice.
E. Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member. At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 41-2198.01 if the dispute is within the jurisdiction of the department of fire, building and life safety as prescribed in section 41-2198.01, subsection B.
​

Our state laws aren't that specific regarding any HOA type things. If you can find/navigate the state laws more easily and find the provisions in our state law I'd be grateful. I just don't think our state is as progressive regarding these kinds of things.

Our HOA also (like many others) considers TV satellites facing the road to be a violation, eventhough that's in violation of FCC rulings!

Oh...and the names of the complaintant were NEVER made available...and I doubt they ever will (if it's allowable under WV state law).​

 

[Sonoran Silkies]

You actually have a ton of statute requirements for planned communities. Here is a link, and I've copied and highlighted various portions that are relavant to you; however, there is probably more, and there are some exclusions based upon when your community was created. Be sure to read all 4 chapters. As for the date of the CC&Rs, it needs to be dated not just by year, but by actual date that it was recorded (not valid if not recorded). There are also other provisions that apply such as laws regulating corporations (your state law requires your HOA to be registered as either a for profit or not for profit corporation). http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=36b&art=1#01

West Virginia Code:

CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
ARTICLE 2. CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES.
§36B-2-101. Creation of common interest communities.
(a) A common interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be recorded in every county in which any portion of the common interest community is located and must be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of each person executing the declaration.

§36B-2-103. Construction and validity of declaration and bylaws.
...(e) A declaration or the bylaws may not change or alter a restrictive covenant in a deed to any real estate that is or that becomes subject to the provisions of this chapter. The restrictive covenants that are in effect at the time real estate is purchased that is or that becomes subject to the provisions of this chapter may not be changed or altered as to the purchaser of that real estate or as to any assign, heir or beneficiary of the original purchaser unless that original purchaser, assign, heir or beneficiary agrees in writing to a change of a restrictive covenant. This subdivision does not apply to the change of restrictive covenants of homeowner fees if the fees do not exceed the sum of one hundred dollars a year. The provisions of this section have no application to restrictive covenants which contain provisions authorizing amendment when those provisions for amendment are duly followed.

§36B-2-104. Description of units.
A description of a unit which sets forth the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit, is a legally sufficient description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws.


§36B-2-105. Contents of declaration.
(a) The declaration must contain:

(1) The names of the common interest community and the association and a statement that the common interest community is either a condominium, cooperative or planned community;

(2) The name of every county in which any part of the common interest community is situated;

(3) A legally sufficient description of the real estate included in the common interest community;

(4) A statement of the maximum number of units that the declarant reserves the right to create;

(5) In a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the unit's identifying number or, in a cooperative, a description, which may be by plats or plans, of each unit created by the declaration, including the unit's identifying number, its size or number of rooms and its location within a building if it is within a building containing more than one unit;

(6) A description of any limited common elements, other than those specified in section 2-102(2) and (4), as provided in section 2-109(b)(10) and, in a planned community, any real estate that is or must become common elements;

(7) A description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specfied in section 2-102(2) and (4), together with a statement that they may be so allocated;

(8) A description of any development rights (section 1- 103(14)) and other special declarant rights (section 1- 103(29)) reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised;

(9) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with (i) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right or a statement that no assurances are made in those regards, and (ii) a statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate;

(10) Any other conditions or limitations under which the rights described in paragraph (8) may be exercised or will lapse;
(11) An allocation to each unit of the allocated interests in the manner described in section 2-107;

(12) Any restrictions (i) on use, occupancy and alienation of the units, and (ii) on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation or casualty loss to the unit or to the common interest community or on termination of the common interest community;

(13) The recording data for recorded easements and licenses appurtenant to or included in the common interest community or to which any portion of the common interest community is or may become subject by virtue of a reservation in the declaration; and

(14) All matters required by sections 2-106, 2-107, 2- 108, 2-109, 2-115, 2-116 and 3-103(d).

(b) The declaration may contain any other matters the declarant considers appropriate.

§36B-2-117. Amendment of declaration.
(a) Except in cases of amendments that may be executed by a declarant under section 2-109(f) or 2-110, or by the association under section 1-107, 2-106(d), 2-108(c), 2- 112(a), or 2-113, or by certain unit owners under section 2- 108(b), 2-112(a), 2-113(b), or 2-118(b), and except as limited by subsection (d), the declaration, including any plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

(c) Every amendment to the declaration must be recorded in every county in which any portion of the common interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to section 2- 112(a), must be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of the parties executing the amendment.

(d) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.
(e) Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
ARTICLE 3. MANAGEMENT OF THE COMMON INTEREST COMMUNITY.
§36B-3-101. Organization of unit owners' association.
A unit owners' association must be organized no later than the date the first unit in the common interest community is conveyed. The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under section 2-118 or their heirs, successors, or assigns. The association must be organized as a profit or nonprofit corporation, trust, partnership, or as an unincorporated association.

§36B-3-103. Executive board members and officers.
(a) Except as provided in the declaration, the bylaws, subsection (b), or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are required to exercise (i) if appointed by the declarant, the care required of fiduciaries of the unit owners and (ii) if elected by the unit owners, ordinary and reasonable care.

(b) The executive board may not act on behalf of the association to amend the declaration (section 2-117), to terminate the common interest community (section 2-118) or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members (section 3-103(f)), but the executive board may fill vacancies in its membership for the unexpired portion of any term.
(c) Within thirty days after adoption of any proposed budget for the common interest community, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than thirty days after mailing of the summary. Unless at that meeting a majority of all unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the unit owners must be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board.

(d) Subject to subsection (e), the declaration may provide for a period of declarant control of the association, during which a declarant, or persons designated by him, may appoint and remove the officers and members of the executive board. Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of: (i) Sixty days after conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant; (ii) two years after all declarants have ceased to offer units for sale in the ordinary course of business; or (iii) two years after any right to add new units was last exercised. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

(e) Not later than sixty days after conveyance of twenty-five percent of the units that may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the executive board must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units that may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the executive board must be elected by unit owners other than the declarant.
(f) Except as otherwise provided in section 2-120(e), not later than the termination of any period of declarant control, the unit owners shall elect an executive board of at least three members, at least a majority of whom must be unit owners. The executive board shall elect the officers. The executive board members and officers shall take office upon election.

(g) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant

§36B-4-103. Public offering statement; general provisions.

(a) Except as provided in subsection (b), a public offering statement must contain or fully and accurately disclose:

(1) The name and principal address of the declarant and of the common interest community and a statement that the common interest community is either a condominium, cooperative or planned community;
(2) A general description of the common interest community, including to the extent possible, the types, number, and declarant's schedule of commencement and completion of construction of buildings and amenities that the declarant anticipates including in the common interest community;

(3) The number of units in the common interest community;

(4) Copies and a brief narrative description of the significant features of the declaration, other than any plats and plans and any other recorded covenants, conditions, restrictions and reservations affecting the common interest community; the bylaws and any rules or regulations of the association; copies of any contracts and leases to be signed by purchasers at closing and a brief narrative description of any contracts or leases that will or may be subject to cancellation by the association under section 3-105;

11) A statement that:

(i) Within fifteen days after receipt of a public offering statement a purchaser, before conveyance, may cancel any contract for purchase of a unit from a declarant;

(ii) If a declarant fails to provide a public offering statement to a purchaser before conveying a unit, that purchaser may recover from the declarant ten percent of the sales price of the unit plus ten percent of the share, proportionate to his common expense liability, of any indebtedness of the association secured by security interests encumbering the common interest community: Provided, That purchaser is required to show that he or she has been actually damaged as a result of the failure to provide such offering statement and that his or her action to recover such damage and the penalty provided in this paragraph is instituted within three years from the date on which purchaser's right ofaction shall have accrued; and

(iii) If a purchaser receives the public offering statement more than fifteen days before signing a contract, he cannot cancel the contract;

§36B-4-118. Labeling of promotional material.
No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that is not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as "MUST BE BUILT" or as "NEED NOT BE BUILT."

§36B-4-119. Declarant's obligation to complete and restore.
(a) Except for improvements labeled "Need Not Be Built," the declarant shall complete all improvements depicted on any site plan or other graphic representation, including any plats or plans prepared pursuant to section 2-109, whether or not that site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.

(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of any portion of the common interest community affected by the exercise of rights reserved pursuant to or created by sections 2-110,


2-111, 2-112, 2-113, 2-115, 2-116.


§36B-4-120. Substantial completion of units.
In the case of a sale of a unit in which delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent registered architect, surveyor or engineer, or by issuance of a certificate of occupancy authorized by law.​

 

[CocoNUT]

May I just say how AWESOME you are Sonoran! I'm off to do my homework!!!

What other chapters do i need to be looking at? the chapter on corporations has been removed (31).

Better yet, drop me an email or PM and I'll be HAPPY to send you the link to our governing docs for you to paruse! (I'd really appreciate it!) My emailing thingie isn't set up properly AND your PM box is FULL! lol

Thank you!

 

[Sonoran Silkies]

Quote:
Sections 31D and 31E address business and non-profit corporations, respectively.

 

[SparksNV]

Has anyone attempted to change HOA rules?