The HOA & other owners within the community maintain a vested interest in upholding property values. As such, the HOA is empowered to establish a Compliance Committee to approve fines and suspension of member rights.
Fines
The HOA may levy reasonable fines for violations of governing documents
A fine may not exceed $100 per violation (unless stated differently in Governing Docs). Hanover has no cap on fines.
HOA can continue to fine each day it remains in violation.
Maximum aggregate is $1,000 (unless stated differently in Governing Docs). Hanover has no cap on aggregate.
A fine greater than $1,000 will become a lien.
HOA is entitled to attorney fees in recovering a fine.
Suspension of Rights
The HOA may suspend the rights of owners, tenants, and guests from common areas for violation of rules.
Owners can be suspended from use of Boat Lift up to 6 months.
Process
HOA provides owner 14 day notice of intent to fine/suspend by mail/email
The notice will include a description of the violation, action to cure violation, and details of hearing (held virtually).
The Committee will review evidence and hear testimony why a member should/should not be fined/suspended.
Owner has a right to be represented.
Committee will vote to approve/reject fine or suspension.
Owner will be provided written notice of Committee's Findings no later than 21 days after meeting.
Results
Only one hearing will occur for all fines related to a violation (and continued noncompliance).
If approved, the fine must be paid within 5 days after notice of approval.
If not paid within 90 days, the HOA can suspend rights of member (Common Area Access, Voting, etc.) until fine is paid.
Compliance Committee
Comprised of a minimum of 3 members.
Appointed by Board of Directors
Members must not be officers, directors, or employees of HOA or spouse, parent, child, or sibling of an officer, director, or employee.
Sole authority of committee is to confirm or reject a fine/suspension.