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The governing laws of the association should set out the obligations of both the owner and the association. This a link that provides all of the laws that govern homeowner associations in Georgia http://www.hoa-usa.com/statelaws/ga.aspx. We would need to check your governing documents to see what is actually required with regard to this area of the property. The association cannot fine you or order you to do something that is not specifically set out in your bylaws and other governing documents. I would be curious to know if rocks are an alternative stated in the bylaws or just an opinion of the board. Further enforcement of rules must not be selective. In other words you should not be asked to do anything your neighbor is not required to do under the same set of circumstances. Do you have a copy of your governing documents? We would to see what is required and the procedures the board must follow to impose a fine.
I would be curious to see what they say. There also needs to be a dispute resolution process of some kind for you to contest a fine.
This is a public domain. I have a copy of the documents you attached and will ask the site to remove the link. Thank you.
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Fining procedures can be found under 3.21
I do not see any rules or regulations in the document that you attached. The HOA needs to tell you the rule number/section that you violated so we can see what is stated.
Thank you for the clarification. I read through your document and only the Fining Procedures and Hearings are set out under Fining procedures under 3.21. They MUST provide with the rule or regulation that you are allegedly violating so we can look it up and make sure the HOA has the authority to levy a fine. Do you have any other documents such as rules and regulations?
The only thing showing up in the documents you attached is the procedure the HOA must follow to fine an owner. Further the HOA is prohibited from selective enforcement of rules and regulations/CC&R's (covenants conditions and restrictions) They cannot fine you if another owner has the same circumstances and they fail to fine the other owner. http://www.avvo.com/legal-answers/can-i-sue-my-hoa-for-selective-enforcement--1663047.html
Without seeing the actual rules and regulations I am not certain if the HOA has a legitimate position with regard to the violations. You are entitled to a copy of all of the governing documents for the HOA. If we could see the actual
rules we could determine whether you have a legitimate violation. I would suggest getting together all of your governing documents and sitting down with a local attorney that provides free consultations If you would like to provide a link for attorneys please let me know. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it.
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