Sunday, April 19, 2009

How to Enforce a Homeowners' Assoc. Bylaw?

I am the treasurer of an Homeowners Association. (Yuck) Anyways, an investor has purchased three of the 11 townhomes and a renter in one of them puts her trash in a garbage sack and puts it on top of a shrub by the front door all the time. Sometimes she never gets it to the street on garbage day. The bylaws specifically state that garbage mus be in a container (garbage can) and can never be in the front of the establishment except on designated city garbage days. She and the investor/owner have been warned twice verbally. What can the assoc. do if she continues? The bylaws do not provide for specific penalty amounts. Can we sue the investor and force him to evict the violator? Can we suspend her use of the common areas-that is the drive way, parking spaces, sidewalk and flower beds? Any suggestions or help would be appreciated. The last time the renter was warned she threatened to give us something to %26quot;really%26quot; complain about.

How to Enforce a Homeowners%26#039; Assoc. Bylaw?
Your bylaws allow for fines. Have the association (everyone who shows up at the next meeting) set and issue a fine for each current and future violation with notification to the owner with a quotation from your bylaws. If these fines are not collected in a timely fashion the condo association could then file for a lien on the property to secure payment. I doubt you have a legal chance to suspend any owners full right to enjoyment of their property so forget the idea of suspending use of common areas. Since you have no contract with the tenant you can only focus on the owner and perhaps keeping them informed of past situations and %26quot;threats%26quot; will aid to your goal.



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