The Creeks at Windmill Hill is a deed-restricted community. This means that property owners are subject to certain restrictions regarding the use and maintenance of their property. All purchasers agree to abide by these restrictions when they close on their home in the Creeks of Windmill Hills.
If owners are not complying with the restrictions contained in a community association’s governing documents, the board of directors must decide how to respond. The association’s governing documents typically provide the board with several enforcement powers, which include imposing fines, suspending the right to use recreational facilities, and beginning a lawsuit. The preferred initial course of action is usually imposing a fine, but the board should make sure that it is acting in accordance with the laws that govern this power.
There are three basic rules to remember regarding fines. First, a fine must be reasonable, which means that the fine amount should be related to the harm caused by the violation. Second, a fine must be based on a previously established schedule that has been adopted by the board and distributed to the owners. Third, a fine may only be imposed after the owner has been given notice that a fine is being considered and an opportunity to be heard by the board of directors or a designated representative regarding the alleged violation. Failing to meet these legal requirements will give the owner a basis to challenge the fine.
The homeowner restrictions and the rules for the operation of the Creeks at Windmill Hill HOA are largely contained in the main governing documents: