Establishing Enforcement Procedures

COMPLIANCE in parking means different things to different Associations. Therefore, PPE can use its extensive experience to help HOAs determine their level of enforcement, and develop a set of rules, enforcement procedures, and communication techniques to provide a level of service not available from other companies.

Some of the types of services include:

Issuing Warnings:

  • Issuing warnings should always be part of the enforcement system
  • Warnings are required by law (NRS 116.3102)
  • Warnings must be issued by an authorized agent
  • Warnings will be challenged, should be backed up with pictures
  • Warning should easily communicate the reason for the violation
  • Warnings should contain enough information to easily identify the violating vehicle to subsequent inspections, including”
  • Should always include
    • License plate number and state
    • Location of vehicle (with address as possible)
    • Color, Make, and identifying marks of vehicle
    • Describe the next step in the enforcement process

Alternative Punishments

  • Assess Fines
    • Amounts Specific to the Violation
    • Problems
      • Slow response between violation and fine
      • No "advertisement" to community
    • Fines are only allowed if
      • Homeowners given notice of violation that informs them of their opportunity to request a hearing on the alleged violation.
      • At least 30 days before the alleged violation, homeowner must be given written notice of the rule or any amendment to the rule.
    • Foreclosure for Non-Payment of Fines
      • The Association may not foreclose a lien by sale for the assessment of a fine for a violation of the declaration, Bylaws, rules or regulations of the Association, unless the violation is of a type that threatens the health, safety or welfare of the residents o the community.
    • Limitation of Fines
      • Fines must not exceed $100.00 for each violation or a total amount of $1000.00, whichever is less.
    • Continuing Violations
      • If the violation is not cured within 14 days, it is deemed "continuing," and the Association may assess a new fine every 7 days, without notice or opportunity to be heard.

  • If the governing documents provide, the Association may prohibit, for a reasonable time, the unit's owner, the tenant and/or guest of a unit's owner from:
    • Voting on matters related to the common-interest community.
    • Using the common elements
      • Except streets and parking.
      • Ingress and Egress must be permitted.