Homeowner associations routinely enforce rules. But to ensure that the rules conform to the governing documents, a Rules Enforcement Policy is needed. The following sample resolution can be modified to conform with state and federal statutes and governing documents. Before implementation, it should be reviewed by an attorney specializing in homeowner association law.
Nottacare Condominium Policy
Resolution #___: 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 (or Property Manager) 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 (or Property Manager) 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:
- Parking -- $__ per day or $____ per occurrence
- Pet -- $__ per day or $____ per occurrence
- Architectural -- $__ per day or $____ per occurrence
- Rules -- $__ per day or $____ per occurrence
- Rental -- $__ per day or $____ per occurrence
The Penalty & Enforcement Fees shall be subject to the Association Collection Policy if unpaid.
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:____________, 201___
Signed on :____________, 201___
____________________________________ President - Board of Directors
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