All homeowner association should have a rules enforcement policy that includes any rules and regulations found in the governing documents and any additional ones enacted by the board. This policy provides a process for notifying violators, informing of the penalties and the process for appeal.

The following sample policy resolution can be modified to conform with state statute and governing documents. Before implementing any policy, it should be reviewed by an attorney specializing in homeowner association law in your state.

Nottacare Condominium
Policy Resolution
#___ Rules Enforcement

WHEREAS Section ___ of the Nottacare Condominium bylaws grant the Board of Directors with the power to enforce rules found in the governing documents or duly enacted by the Board,

LET IT BE RESOLVED THAT the following rules enforcement procedures will be followed:

1. The Board of Directors or its agent is authorized to enforce the rules as outlined in the Rules and Regulations.

2. Rule violations are to be reported to the Board of Directors or its agent in writing and signed by the complainant. The complaint will be investigated as soon as possible.

3. If the report of violation is accurate, written notice will be sent to the violating member. (If violation is by a renter, notice will be sent to the owner.) The first notice of the violation will be regarded as a warning, unless otherwise stipulated in the Nottacare Rules.

4. If the violation continues for more than 10 days or is cured but repeated within 30 days, a Notice of Violation will be issued to the violating member and a fine will be levied against the member as follows until the violation is cured:

• Parking

• $__ /day Pet

• $__ /day Architectural

• $__ /day Rules

• $__ /day

The Violation Fine shall be subject to the Nottacare Collection Policy if unpaid.

Appeal Process. Any member receiving a Rules Violation Notice may submit a written appeal to the Board of Directors. The member will be given an opportunity for a hearing within 30 days and no enforcement fee will be imposed until the outcome of that hearing is known.

[Dated]

[Signed] President - Board of Directors

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Published: January 14, 2009

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .