Today the Association has no way to fine an owner who will not fix a covenant violation. If the covenant amendments pass, the Board would follow this procedure: notice first, then a deadline, and a fine only if the problem remains.
The Board has prepared this procedure. It can be enforced only if homeowners approve the covenant amendment to 29(e)(ii), which lets the Association enforce "the Breach and Fines as voted on by the Board." The bylaw amendment adds the matching duty for the Board to assess fines.
The formal procedure starts with a notice and a deadline. A fine is assessed only if the problem is still there after the final notice's deadline.
The HOA Board alone sends breach notices, hears appeals and extension requests, makes sure breaches are fixed, and assesses penalties.
If a renter is in breach, notices go to the tenant, the property manager (if known) and the property owner. Fines are assessed against the owner, or against the property manager if they have told the Association they pay all HOA expenses for the owner.
Appeals and extensions are allowed for some breaches; the tables below show which. To dispute a breach, send a written appeal by email or certified letter explaining your reasons, evidence and any precedents, or ask for a hearing before the Board instead. To ask for more time, send a written request explaining why, the fix you propose, and the date it will be done.
Both must arrive at least 10 days before the final notice deadline. The Board decides by majority vote within 10 days, or tells you a decision is pending; no action is taken against you while it reviews. Neither appeals nor extension requests are heard from renters or from members whose accounts are not in good standing.
While a breach is open, the homeowner's voting rights are suspended. They return once the breach is fixed and any fines are paid in full. Delinquent accounts also have no voting rights until they are back in good standing.
The City will be notified and further legal action will be considered. Where it is reasonable and would not damage private property, the Association may hire someone to fix the breach and bill the owner for the cost plus a 20% administrative fee. That is considered case by case, only after the final notice deadline, and only after legal counsel confirms it is lawful to enter the property.
Fines are a percentage of the annual dues in effect at the time. Dollar figures use today's $200 dues. "Days to fix" shows the deadline after the first notice, then after the final notice: 10 / 5 means 10 days, then 5 more.
| Breach | Covenant | Days to fix | Appeal | Extension |
|---|---|---|---|---|
| Yard light inoperative | 12 | 10 / 5 | No | Yes |
| Address not displayed on mailbox and dwelling | 14 | 10 / 5 | No | No |
| Signs | 15 | 10 / 5 | No | No |
| Trash & Recycling bins stored in a visible location | 18 | 15 / 5 | No | No |
| Breach | Covenant | Days to fix | Appeal | Extension |
|---|---|---|---|---|
| Storing materials on property | 19 | 15 / 5 | Yes | Yes |
| Street sight line obstruction | 20 | 30 / 15 | Yes | Yes |
| Trailers, boats, RVs, etc | 22 | 30 / 15 | Yes | Yes |
| Sidewalk & driveway repair | 23 | 30 / 15 | Yes | Yes |
| Breach | Covenant | Days to fix | Appeal | Extension |
|---|---|---|---|---|
| Easement obstruction | 5 | 30 / 30 | Yes | Yes |
| Temporary structure used as residence | 9 | 30 / 30 | No | Yes |
| Oil & Mining Operations | 16 | 30 / 30 | No | Yes |
| Animals, poultry, livestock | 17 | 30 / 30 | No | Yes |
| Septic systems & wells | 21 | 30 / 30 | No | Yes |
| Hazardous waste | 32 | 30 / 30 | No | Yes |
| Drainage swale | 33 | 30 / 30 | No | Yes |
Major construction changes (Covenant 2) and general nuisances (Covenant 24) have no set timeline or fine. The Board reviews each one, may consult legal counsel or the City of Champaign or hold a public hearing, and decides by majority vote within 10 days how the breach should be fixed, whether appeals or extensions apply, any fine, and what legal remedies, if any, to pursue.
The Board may change these guidelines by majority vote at any time. Timelines may be shortened or extended and fines raised or lowered, especially for repeat offenders, numerous neighbor complaints, safety concerns or illegal activity.