We have homeowners who have a rundown fence that is being propped up. We gave notice that it was to be fixed as to not be propped or should come down. We received letter back stating they were in financial hard times. Trying to work with them, we gave them 45 days to get 2 bids on repair/replace as to still be moving forward. They had till October 15th and never complied. Our board is made up of 4 homeowners not a huge association. What is next step to send to them? Legal action? How do you force homeowners to build something they can’t afford? What wording can be said to get them in compliance? This is my first time being on an HOA board. Thanks!
While it is good to exercise empathy and consideration when owners are going through financial trouble, rules must still be enforced in a uniform and consistent manner. In this case, you should check your governing documents to see what penalties your board has at its disposal when owners refuse to comply with the rules. Typically, HOAs impose fines for rule violations, with fines adding up for each day the violation is not corrected. You should make sure your HOA has the authority to impose fines, though, as per your governing documents.
Other enforcement procedures should be outlined in your CC&Rs. Sometimes, legal action is necessary, though your HOA board should discuss this matter thoroughly before deciding on taking this step.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.