Question:
Can an HOA Review board make up it’s own fee schedule to assess for violations
ie: $25 for a violation of a concrete slab that is not permitted by the Covenants vs $50 for parking in RV in your drive way.
1. Shouldn’t fees be voted upon
2. Isn’t this considered selective or discriminatory enforcement
– Lisa
Answer:
Hi Lisa,
It depends on what your governing documents say. Homeowners associations generally have the authority to impose fines on violations. To know if your HOA has this power, though, it is important to check your bylaws and declaration. For condominiums, if the change in fee schedule is an amendment to the declaration, Wisconsin law requires approval from at least two-thirds of the aggregate of the votes or a greater percentage provided in the declaration. However, if it is not considered an amendment to the declaration, the board generally has the ability to adopt a resolution passing the new fee schedule.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
