Ebooks

1. Establish rules and regulations for the community. "If your community has not done so already, make sure you establish a set of rules and regulations. This is done by the board of directors, and it's always a good idea to have the final version reviewed by an attorney to ensure nothing conflicts with the governing documents. These rules will help establish the community standards regarding covenants." -Brian Hetherton, CMCA® Associa® Gulf Coast 2. Clearly communicate relevant information. "Make sure homeowners are notified of the rules. If there is a fine policy, post it on the community's website. If you're sending a violation letter, make sure the expectation for resolving the violation and consequences for failing to do so are clearly stated." -Michelle Boeck, CMCA®, AMS®, PCAM® Cities Management 3. Establish your fining committee early. "Without a fining committee, you cannot fine any units that are not following the rules in Florida. The best you can do is send them notices. The fining committee should be comprised of at least three homeowners who are not on the board and who are not related to the board members." (Note: There is no ownership requirement for the fining committee according to Florida's Homeowners' Association Statute 720.) -Brian Hetherton, CMCA® Associa® Gulf Coast 4. Ask for specifics in writing. "If a homeowner would like to report a violation, the council will need the specifics, preferably in writing via email. The homeowner should provide the date, time and brief description of the violation they saw to ensure accurate enforcement." -Laszlo Antal Associa British Columbia, Inc. 5. Be consistent. "Enforcement should be the same for all covenants. Don't pick and choose what to enforce." -Josie Flicek, CMCA®, AMS® Cities Management 6. Hold everyone to the same standard. "Remember that nobody in the community is excluded from the rules, including board and committee members. The rules must be enforced for everyone. If they are not, you risk the appearance of selective enforcement." -Brian Hetherton, CMCA® Associa® Gulf Coast 7. Revise rules if necessary "If there is a rule established by the association, it needs to be enforced in a consistent manner. If the rule doesn't make sense, the Board of Directors should review it and determine if an update is necessary." -Michelle Boeck, CMCA®, AMS®, PCAM® Cities Management 8. Be reasonable about fines "Fines need to be commensurate with the violation. A reasonable fine for improper storage of personal items on balconies is $25. A reasonable fine for replacing a window without architectural control is not anywhere near $25." -Michelle Boeck, CMCA®, AMS®, PCAM® Cities Management 9. Provide inspection data. "Include photos and inspection details with the violation so that the homeowner with as much information as possible. This can help them remedy the situation and avoid future violations. Be clear as to what you're asking them to correct, and be sure to provide document or covenant language for reference." -Josie Flicek, CMCA®, AMS® Cities Management 10. Don't forget to follow-up. "Make sure to schedule a follow-up inspection to ensure compliance after the compliance date has expired." -Josie Flicek, CMCA®, AMS® Cities Management

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