Tag: Fines

New Visitor Parking Program

At the regular June 4th and special June 18th Board meetings, the Board voted to approve a modification to our Visitor Parking rules. No, the original rules that have been in place for decades have not changed, meaning Visitor Parking areas are still solely for Visitors to the subdivision. In the last 3 Notices that were sent out to all property addresses, the Visitor Parking rules were once again detailed and yet many of our homeowners and their tenants have chosen to not follow them.

The Board of Directors approved a program which will allow a VERY limited number (37) of our visitor parking spots to be rented out to residents. The main details have been finalized and we will be selecting a committee to oversee the process, headed by a Board member.  We are sending out notices to all property owners within the next week detailing this program, its restrictions, implementation, and enforcement. We will use an identifier on approved vehicles, but all this approved parking identification will accomplish is prevent that one approved vehicle from being towed out of the Visitor Lots. Any unapproved vehicle in any Visitor Parking lot still bears the same risk of towing, per our long-established Parking rules.

The only parking spaces that any homeowner has a right to use are the two spaces in the carport on your property. Paying your dues, your taxes or other excuses made when confronted about abusing the visitor parking lots will not change the rules that exist.

Make no mistake, we WILL tow your vehicle(s) if you violate our parking rules. Failure to follow Board approved rules or regulations also violates our Declaration and can result in fines or other actions.

To refresh yourself on our Parking rules, here’s the link.

Mandatory Homeowners Insurance

We still do not have proof of cost-to-replace insurance (Renters or Condo insurance is not sufficient) on a number of properties, despite having sent several notices and warning letters.

We will continue to impose fines (which are classified as Assessments) on those homeowners who either cannot or will not provide the required proof they have the mandatory coverage specified in our Declaration. As a reminder, all assessment fines left unpaid are added to member accounts and will result in an Assessment Lien on your property.

While we are reluctant to place significant fines against homeowners, they must understand that as homeowners in this HOA, they must have proper home insurance and demonstrate that they do. Fines can be assessed at $250 per week and $1000 per month for any violation of our Declaration (see Fines and Enforcement Policy).

Required “Cost to Replace” Homeowners Insurance

As most of our homeowners are now aware, the HOA’s Declaration (CC&R) requires proof that you have a “cost to replace” policy on your home. This level of insurance has been a requirement of our Declaration since this subdivision came into being in 1970 or 1971.  To date, about 75% of our 416 homeowners have responded and provided the documents requested.  We did sent out Warning letters on January 2nd to those who have not provided requisite documentation and giving them 15 days within which to provide it. Last week, we started sending out certified letters to some of these individuals indicating they will be fined, per our Fines and Enforcement Policy, for not providing this information as required by our Declaration. Some throw out these Warning notices, which does not change the fact that they were sent out.

Just to be clear, Renters Insurance and Condominium Insurance does not meet the requirements.  Actual cash value insurance is also inadequate. Homeowners must have full replacement coverage for the dwelling itself.

We will be sending out another group of certified Fine letters to the those homeowners who have still not provided the documents which have been requested more than 3 times.



Continued Trash Violations

We still have several homeowners/residents who repeatedly put their trash before the scheduled pick up days of Monday and Thursday. For example, several people put out their trash on Friday for the Monday pickup. Over the next few days, stray animals and the local wildlife spread trash all over the place and create both an eye sore and sanitation/health issues.

And, it’s not like people can say they do not know when trash is picked up; we sent out 416 notices, one to each and every property within this 22 acre subdivision.  In this Notice, we told residents that repeated violations will result in fines.

Some people who received subsequent letters containing Warnings of a Violation of our Bylaws and Declaration have chosen to continue putting out the trash days before the scheduled pickups.

So, we will be sending out Certified Letters to the repeat offenders next week (after the 15 days given to cure the violations). While we had rather not resort to fining our homeowners and residents, I see no other choice.



Violation Warning Letters

After conferring with our attorney, Jeff Lacy, we had to rethink how to best accomplish the implementation of the recent Fines and Enforcement Policy. Once we checked into things we needed to send a Warning letter out first and then follow it with the statutory letter.

When we do send out the statutory letter by Certified Mail and First Class Mail, the recipient will have 30 days from the receipt of the letter to schedule a hearing before the Board; if no hearing is scheduled, the fines begin.

I wish there was another way to get people to follow the rules that have been around for over 40 years. Perhaps this will get their attention.

For more information on the Fines and Enforcement Policy, click here.