Question:
In 2019, I asked my HOA manager for a copy of our community’s fine policy. I was informed that there was no fine policy because our governing documents prohibited fining the owners for non-compliance. Upon review, I could not find that stipulation and she could not direct me to the page and paragraph where it was allegedly located. Now, in 2022, I received a notification letter stating that I could be fined for non-compliance of a landscape issue. When I asked the HOA manager about the fine policy, she said that a 2020 Statute allowed the HOA to fine owners for non-compliance of the covenants. At no point did the HOA ever communicate this fact to the owners and nor did they distribute an amended covenant enforcement policy to the homeowners at any point. How enforceable are new/amended policies that have never been distributed to the homeowners?
– Jennifer
Answer:
Hi Jennifer,
Check the provisions of your governing documents. These documents will typically outline the procedures for amending the covenants and adopting a new policy. For many HOAs, part of the procedure is to send a notice of amendment to all homeowners. If the HOA fails to follow its own procedures, then the amendment may be considered unenforceable because the method used to make the amendment was procedurally flawed. Make sure to consult a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
