Does anyone know when Maryland HOA's could not charge over $15 in late fees?
HOA LATE FEES
Submitted by SheilaMc2936 on Mon, 04/06/2009 - 2:08pm.I'm sorry but this site is
I'm sorry but this site is restricted to HOA bashing only.
Fines...the plan of attack
Fines...the plan of attack for homeowner violations in this downturn economy (CAI/CCAL/Carpenter)
Whether one agrees or disagrees that Carpenter Hazlewood Delgado & Wood’s E-Newsletter is an obscenity, may we agree that "...with all the stresses people are under in the downturn economy (Carpenter)" a $250 fine versus a $25 fine, a $100 per day fine or a $1,000 per occurrence, the advice and counsel of association lawyers (Carpenter, CCAL [Community Associations Institute’s College of Community Association Lawyers] and Co-Chair (w/Ekmark) of CAI's Legislative Action Committee) respecting homeowners under stress is a mean-spirited, egregious in the extreme and transparently self-serving "plan of attack."
This offensive plan of attack would gag a maggot.
CARPENTER HAZLEWOOD DELGADO & WOOD
E-Newsletter: The Danger of Assuming Violations are Innocent-A Fresh Look at Fines
By J. Roger Wood and Scott B. Carpenter, April 3, 2009
There is no free or easy way to enforce a homeowner’s violation of a community’s restrictions. In this economy, we find that Board members and managers have developed an enforcement-phobia. The Association’s duty to enforce is unchanged, but we are seeing that many Boards assume that the enforcement process is too costly and the results are uncertain. Unless the violation is serious, the phobia extends further to enforcement litigation. Boards are fearful of paying "exorbitant" attorneys fees to pursue compliance.
Our statistics show that fewer than 10% of enforcement issues referred to our office ever move to a lawsuit, but many Boards are content to ignore the violations, continue to assess ineffective fines and hope for compliance.
Hope is not a strategy and so it is our intent to offer another one. Our previous mantras and strategies here still apply: "enforce or amend", "duty to enforce", filing enforcement lawsuits, and "spring cleaning enforcement letters". A fresh look at fines is in order.
Our recent experience is that Boards have constructed fine policies that assume violations are "innocent" or unintentional. In simplest terms, generic fine policies establish lengthy time periods and low dollar fine amounts in the hopes of gently gaining an owner’s compliance. Our recent experience is that many owners would rather face a modest fine than comply with the documents. Others choose to pay a modest fine and continue with the violation. For this reason, fine policies must be more severe by permitting the imposition of hefty and regular fines.
The law in this area is simple: a fine must be "reasonable". While a $25 trash can fee sounds reasonable, why couldn't a $250 trash can violation fine be reasonable? There is little question that $250 packs more of a punch and may catch a few "innocent" violators off guard. But if the fine schedule is in place to encourage compliance, $25 for a one time violation might not get even the most innocent of violator’s attention. Perhaps it is time to add a few zeros to the fine amounts and impose those fines more regularly. The innocent violator still has the opportunity to be heard and to argue innocence. But the chronic violator that had long ignored a compliance obligation might just do something about that unkempt yard when a $100 a day fine is imposed. The absent landlord who cared little about $25 fines and more about profit margins might begin to care about tenant behavior and non-compliance when the fine is $1,000 per occurrence.
Fine amounts often depend on language in governing documents and must comply with formally adopted fine policies. If the plan of attack for violations in the downturn economy is to encourage compliance by imposing fines against violating owners, the thinking needs to shift from believing that owners will change their behavior over a $25 fine to accepting the reality that with all of the stresses people are under, it may take a bigger number to hold the average owner’s attention.
Nice job of answering the
Nice job of answering the question, Chuck. Oh wait, your post was on fines and they were asking about late fees. Two completely different things. Nice Try.
Here, Chuck, I will give you
Here, Chuck, I will give you a topic: "Foot high weeds on a homeowners property" What should the HOA do? What if the property is abondoned but not currently owned by the bank? What if it is owned by the bank?
whatup, although i am not
whatup, although i am not chuck i have a suggestion, foot high weeds on a vacant home or a bank owned homes lot/yard can be easily remedied in the same manner. GET A GROUP OF NEIGHBORS TOGETHER AND PULL THE WEEDS. then pool your money or ask for a charitable donation with which you purchase weedkiller with, use this newly purchased item and spray yard accordingly. Problem solved. No need for excessive fee amounts or issuing of non compliance tickets. And a nice side effect is maybe the house will sell faster now that the yard is nicer and the front door isnt covered in warnings notices and threats issued by the hoa. This could benefit you as well seeing as the more the foreclosed homes sell for the more your property is worth. Its a win win.
Take another pill bitch.
Take another pill bitch.
But Chuck, I'm not sure that
But Chuck, I'm not sure that addresses the issue. But it was a nice try. Give it another shot.
You seem to be proving my point. You guys love to bash but when it comes to any kind of real solution, you have none. Like I said, any three old can say "I don't like this".
WhatUp, I'm getting a little
WhatUp, I'm getting a little vaklempt. I can't believe you don't see that CAI has become a very boring, eye-crossingly dull organization that is in no position to effectively deal with the almost impossible solvency issues facing HOAs today.
CAI's monthly publication "Common Ground" reads like a glossy church bulletin. Have you taken a look at it recently? It's all so preachy, all so corn country. Say what you want about the construction defect attorneys, but at least they were not dull, and had some of the best rainmaking strategies going. One afternoon seminar with them and garbage disposal do's and don'ts just isn't going to cut it anymore.
More importantly, why should homeowners have to come up with solutions, clean up a mess that CAI and Central Planning made and have profited from all these years? All but the most aggressively ignorant never opted, by choice, for this collectivist housing scheme in the first place.
As I mentioned in a previous post, it's not just about the homeowners anymore and my sense is that there is a great deal of exhaustion and frustration at the end of your day. Seriously, have you thought about quitting, doing something fun before things go Tango Uniform. Like most managers I know, your 401k is toast; so, before you allow yourself to raise, however discreetly, an eyebrow of reproach why not think it over, it's not too late.
The increasing tensions and hostilities in these communities aside, is another day caught up in the grind, fussing with the minutiae of day-to-day management worth it? Why not at least think about it? I'm sure others in the office with a pulse have mentioned it.
In the meantime, I hope that Chuck continues to do things his way, thinks for himself and doesn't cave in to all this consensus building, "middle ground" group think you've been promoting. I know you're angry and frustrated, but why not share management's perspective of the Stockholm syndrome and the HOA problematic instead of all this preaching and scolding that's been going on around here lately?
In closing, we live in times of lies and great deception. If you don't believe me, just checkout the CAI board president that got so confused, so excited he thought he was an attorney!
Loveable Lenny
Sorry, but I am not
Sorry, but I am not affiliated with CAI.
Fun? It sounds like I am having way more fun than you guys.
Wow, Tango Uniform. Are you a pilot? I am. What type of plane do you fly?
Sorry to here about your 401(k) but my investments are fine. I could easily retire today but choose not to.
By the way, Chuck can't even answer a simple question that faces HOA's on a daily basis. I wouldn't build my ground swell around him.
I'm not preaching. Seems you guys need a plan but no one seems to have a clue how to put one together. You are good at bashing, though. And personally attacking anyone with an opposing viewpoint.
I actually only visited this site to determine what unhappy HOA members were suggesting to address HOA concerns. Unfortunately, no one is offering anything in the way of suggestions. It would have been nice to pose those suggestions to HOA boards and management companies.
Since nothing is forthcoming, I bid you adieu.
tisk tisk. Now I feel the
tisk tisk. Now I feel the majority of my posts have presented solutions to the problems. Please look up all my postings they will all be under the divadelamort moniker. i have suggested quite a few solutions. None involved pill taking but i am not opposed to that course of action either. If you are unable to find my posts please let me know, i will be glad to either link you or repost them here on this thread. I eagerly await your response.
"Any three year old". Good
"Any three year old". Good catch, Chuck. Now give the topic another shot.
Chuck, you are very
Chuck, you are very insightful. Apparently you are seeming to indicate that drugs are the answer to all that ails the HOA industry. I am not sure I agree with you there. Good luck solving your problems with pills. But if I do find a female dog with cephalalgia, I will send them your way for advice.
Good luck with your thesis!
A bitch need not be a
A bitch need not be a "female dog" with or without a headache, but rather a relevant pejorative descriptive of the many weak (physically and intellectually), vulnerable, passive, servile and lower-hierarchical sponsors, front men, shills and assorted other association "leaders/volunteers" and their national as well as local chapter handlers.
"...you are seeming to..."?
Take a pill bitch.
Still nothing to say. Still
Still nothing to say. Still no advice, no solutions. Can't discuss the topic so attack the person posting it. Nice Chuck. That is why your little movement can't get going.
Chuck132, you're pathetic.
Chuck132, you're pathetic. If you have nothing to say than admit you have nothing to say and stop posting your drivel. You obviously don't care to resolve anything; but it sure must make you feel good to bitch about it.
"Since nothing is
"Since nothing is forthcoming, I bid you adieu."
In "The Untouchables (1987)," Jimmy Malone, an incorruptible Irish beat cop played by Sean Connery, wisely observed, "Just like a Wop to bring a knife to a gunfight!"
Substitute association "volunteer" (member of a board of directors; committee member; block “captain” or other officious intermeddler), "credentialed" property manager or lawyer and the quintessence of Malone's pronouncement, bring a knife to a gunfight, is ideally suited to the meddlesome association volunteer.
"Sorry, but I am not affiliated with CAI."
"Keep your friends close and your enemies closer," Sun-tzu (~400 BC), Don Vito Corleone (1974) and any number of members of CAI (yesterday, today and tomorrow).
"...I bid you adieu."
Weak (intellectually), vulnerable, passive, servile, lower-hierarchical sponsor, front man, shill or other association "leader/volunteer?"
What exactly is your point?
What exactly is your point? It is hard to discern your ramblings.
Aren't you the guy who is famous for responding "Take a pill bitch" when confronted? Maybe you should take more than a toothpick with you to your next gunfight. Although, you don't seem to show up at all.
See this is why we need
See this is why we need national health care. Chuck and many others like him are clearly insufficiently medicated. Probably the reason he resorts to the "take a pill" argument so often, it's just his way of crying out for help. Here's hoping he gets it.
what amuses me is it almost
what amuses me is it almost as if chuck is making hoa board members and and the various title hungry cronies of community gestapos a taste of their own "medicine" now you know how homeowners feel when they are repeatedly given the same answers to their questions. How we feel when we get blanket responses and no action or help on various subjects.
HOAs are not there to "help"
HOAs are not there to "help" or answer your questions. HOAs are there to take your money, give you orders, and bully everyone not in their cliques. When will people learn that HOAs are social engineering with the worst possible dregs of society as their "leaders" and D & O's. Dissolve HOAs and throw the bums out!
Chuck132 wrote:Take a pill
I love it. Keep it up. LOL
I don't think he has a point
I don't think he has a point which is why he wont engage anyone in a discussion on any topic.
It seems like, he walks in, vomits on the page, doesn't try to clean it up, and then when you ask him about his vomit, he replies that (he needs to) take a pill bitch. He must have a sore stomach or something.
"What exactly is your point?
"What exactly is your point? It is hard to discern your ramblings." Anonymous842, 04/08/2009
"I don't think he has a point which is why he won’t (sic) engage anyone in a discussion on any topic." Anonymous842, 04/09/09
""there's mouse in the larder"? Really? My grandfather never even uttered that phrase." Anonymous842, 04/09/09
Perhaps those seemingly suffering a perception deficit should read all the messages in "HOA Late Fees" and "Collecting for Trash in PG County, MD" while attempting a modicum of comprehension and thoughtfulness, hire a secretary to organize and/or save any messages of interest or messages that might prove useful at a later date or simply seek comfort in a favored crying towel.
If one is unable to read with comprehension, cannot spell, cannot write a simple declarative sentence, whines about that which they do not understand, complains about those they know nothing about, defends the indefensible and is seemingly incapable of posting any substantive message devoid of the derision and rudeness characterized by those best suited to sitting at the kiddies’ table or relegated to a corner with the other Dunces, then favor those more capable by your fond adieu or simply step in the path of a speeding bus.
"incapable of posting any
"incapable of posting any substantive message devoid of the derision and rudeness"
This is from the guy who over and over again replied with "take a pill bitch".
Why not reply to the topic about weeds posted by "WhatUp" that spawned all your "take a pill bitch" comments. Maybe than you could show that you have actually thought through some of the issues facing HOA's instead of just complaining about them. I am on a board for an hoa and have been for years. We start board meetings with an open homeowner comment period. I preface that with the statement that if you would like to complain about something, please also provide a suggested solution. That way it proves that you actually thought about the problem. Anyone can lob grenades from the crowd. That is childish. People that volunteer for boards are not there to solve the homeowners problems. They are there to work with the homeowners, in the best interests of the homeowners, to come up with a solution.
Why not "Ask the
Why not "Ask the Experts?"
When I have a question or query, I just call CAI Central in Alexandria, VA.
Be sure to ask for Tom or Frank.
Make the call:
Phone: (703) 548-8600 (M-F, 9-6:30 ET)
Toll-Free: (888) 224-4321 (M-F, 9-6:30 ET)
Lovable Lenny
There are LOT'S of posts
There are LOT'S of posts about the solutions CAI has come up with.
Are you a CAI'er Anonymous842?
Hmmmmmmmmm........
"incapable of posting any
"incapable of posting any substantive message devoid of the derision and rudeness" 9:23am
Take a pill bitch.
So am I to assume you are
So am I to assume you are incapable of answering the question?
The point still is that you bashers will not address the issues. I know the HOA's industry's response. Apparently you (as a group) may have a different opinion. That is what I am looking to hear. You can't get anywhere just complaining about it like a bunch of little kids trying to hide behind "big words" and prehistoric anologies.
I am not a member or affiliated with CAI.
Anonymous842, who, if I
Anonymous842, who, if I recall correctly, claims to be an attorney working with other attorneys who represent HOAs, wrote:
I am not a member or affiliated with CAI.
Hmmmmmmmm......
How interesting.
Why not, since you appear to have all of the, um, qualifications?
Hmmmmmm?
That's correct. I do not
That's correct.
I do not have to be a member of CAI to work in this industry.
By the way, they are not the only association for the HOA industry.
Anonymous842 wrote that CAI
Anonymous842 wrote that CAI is "not the only association for the HOA industry."
Very interesting.
CAI gets a lot of print here, for reasons that are self evident.
What do you think of CAI Anonymous842? Are there reasons why you decided not to join?
What other trade associations do you belong to, and how can we compare their positions to those of CAI?
Haven't even looked into
Haven't even looked into CAI.
Really, you would like me to tell you other HOA industry associations? You can look them up on the web for your self. Why would I start another feeding frenzy for your crew of bashers (and believe me, that is all you are since not one of you can seem to come up with any advice that the HOA indstry can use to better serve the homeowners of HOA's).
Well, here I was hoping that
Well, here I was hoping that you might identify an alternative to CAI with better ideas.
As pervasive as CAI is in the "industry," and with all the information on this site about CAI, you -- claiming to be a member of the industry -- haven't even "looked into CAI?"
Right.
It's too bad, because if there is a trade association out there with a different philosophy than CAI's, that association might get a friendly reception here.
But since you are the only one who knows what that competing philosophy might be -- and since you won't even identify your "CAI alternative" trade association -- this suggests that you are (at best) a member of some "CAI clone" outfit.
CAI isn't as big a player in
CAI isn't as big a player in my location. Do a web search with state names that have a large contingency of HOA's. I am sure you will find other trade associations for the HOA industry. Maybe even the one I belong to.
Good news. I did a search
Good news. I did a search just as you instructed and it came up right away. You're wit da the American Beef Packers Association.
Right?
Lovable Lenny
"...'big words' and
"...'big words' and prehistoric analogies (sic)."
Take a pill bitch.
"Anonymous842, who, if I
"Anonymous842, who, if I recall correctly, claims to be an attorney working with other attorneys who represent HOAs, wrote..." Hmmmmmmm, 04/09/09
When pigs and bitches fly!
HOA's Suck and should be
HOA's Suck and should be abolished. Gimme back my bullets...
Motorcyclesanta, you are so
Motorcyclesanta, you are so correct in your assessment of HOAs, we could'nt agree with you more! Dissolve HOAs and the "people" who run them!!

digg
reddit
12 hours 19 min ago
14 hours 35 min ago
16 hours 20 min ago
20 hours 37 min ago
20 hours 51 min ago
4 days 1 hour ago
1 week 2 days ago
1 week 4 days ago
1 week 4 days ago
1 week 4 days ago
1 week 5 days ago
1 week 5 days ago
1 week 5 days ago
1 week 5 days ago
1 week 5 days ago
1 week 6 days ago
1 week 6 days ago
1 week 6 days ago
1 week 6 days ago
1 week 6 days ago
1 week 6 days ago
1 week 6 days ago
2 weeks 5 hours ago
2 weeks 2 days ago
2 weeks 4 days ago