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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16380
Experience:  Licensed General Practice Attorney, Texas
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Can the board set up a list of violation costs which are not

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Can the board set up a list of violation costs which are not consistent? ie first violation 50-250 dollars According to the state statute the maximum for any violation is 100. What remedies does the board have to collect violations that are unpaid. Can they selectively enforce the rules they want to but not other rules.

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

The board may set up a list of fines that would not be consistent, and could even be above the legal limit per violation, but it could not legally enforce those fines. In other words, merely having the fines on the books as "potential" is not a illegal or a violation of the law, but if they were to try to enforce any fine over $100, that could result in legal liability to the association.

ScottyMacESQ :

The remedies would be that it could impose a lien on the property, or sue in small claims (or regular court), or suspend the voting rights of the owner, etc...

ScottyMacESQ :

There can be a suspension of use of the common areas and facilities of the property as well, but there has to be a 14 day notice and an opportunity for a hearing before that could be done.

ScottyMacESQ :

As for "selective enforcement", that's a defense to a violation. That is, boards typically cannot selectively enforce bylaws, and if they do, selective enforcement could be pled as a defense to said violation, potentially allowing the violator a way to avoid the fines / penalties.

ScottyMacESQ :

But it would need to be shown that in identical or near identical situations, the board arbitrarily imposed the fine / penalty against one party but not another, without good excuse for doing so. Now it's possible that if the bylaws give the board discretion in waiving said penalty, etc... that selective enforcement might not be a valid defense, but in short, boards do have to uniformly enforce the bylaws against all the owners, showing no favoritism or discrimination.

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer:

I did not think according to state statute that they could place a lien for anything beside non-payment of dues

ScottyMacESQ :

You didn't mention what the fines would be for, but that's correct. That list was pretty much all that they could do to get payment in any situation.

Customer:

Thank you

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