Proposed in October 2021, these additions to the association bylaws cover how community standards are set and enforced.
Community-wide standard
The community-wide standard is the level of conduct and maintenance generally prevailing throughout the neighborhood. Where the covenants, association rules, or board resolutions set different standards, the highest one applies.
Rules and regulations
The board may adopt, modify, or remove rules for the neighborhood. New rules are distributed to all owners and occupants before they take effect, and remain binding unless overruled by a majority of members at a regular or special meeting.
Occupants and tenants
Everything in the covenants, bylaws, and rules applies to everyone living in a home, not just the owner. Homes may be leased for residential purposes only, and every lease must require the tenant to acknowledge receiving a copy of the governing documents and obligate the tenant to comply with them. The owner or leasing agent is responsible for providing them, and the board may require notice of any lease along with any additional information it deems necessary.
Residential use and home offices
Homes are for single-family residential use. A home office or ancillary business is allowed as long as it isn’t apparent or detectable by sight, sound, or smell from outside the home, conforms to zoning, doesn’t involve regular visits from clients, customers, or suppliers or door-to-door solicitation, doesn’t increase traffic or bring frequent deliveries, and stays consistent with the residential character of the neighborhood — as determined in the sole discretion of the board. Anything beyond that needs the board’s prior written consent. Leasing a home doesn’t count as a business under this section.
Enforcement and fines
Before any fine is imposed, the board serves written notice describing the violation and the proposed sanction. You have fifteen days to request a hearing in writing; if no request is received in that time, the sanction is imposed, though the board may suspend it if the violation is cured within the fifteen days. If a hearing is held before a covenants committee, its decision can be appealed to the board within fifteen days of the hearing.
- First offense — written corrective warning, no fine
- Second offense — $50 fine for the same violation, added as additional HOA fees
- Third and subsequent offenses — $120 fine for the same violation, or the HOA may choose to fix or repair the problem at the owner’s expense
Unpaid fines are collectible the same way as unpaid assessments and may result in a lien on the property. Beyond fines, the bylaws also allow the board to file liens or notices of violation in the public records, suspend an owner’s right to vote, suspend association services when an owner is more than thirty days delinquent, levy specific assessments to cover the cost of bringing a property into compliance, and exercise self-help — such as towing vehicles parked in violation of the rules.
Put it in writing
All communication with the board, the Architectural Review Committee, or any HOA committee or officer must be in writing to be valid — and any permission or consent from them must be written to be binding.
Reference: Bylaw Amendments (PDF)