Proposed Fines & Enforcement Policy
Why Are We Proposing This Policy?
Over the past year, the Board has addressed recurring concerns involving property maintenance, trash and storage, vehicles, and other covenant violations that affect the appearance and property values of our neighborhood.
Our goal is reasonable and consistent enforcement—not punishment. Most homeowners are good neighbors who maintain their properties and follow the rules. This policy is intended to give the HOA a clear process for addressing significant or repeated violations when voluntary compliance has not worked.
The Board has authority under our governing documents to establish enforcement procedures and penalties. However, because West Park Estates is a small, close-knit community, we want homeowners to have an opportunity to review the proposed policy and provide input before it is adopted.
Our October 2025 community letter stated that a Fines & Enforcement Policy was being developed and that formal enforcement would begin in June 2026. It was hoped that obvious violations would be resolved by then, but we continue to receive complaints. As a result, the proposed policy is now being provided for homeowner review and discussion at the October 2026 annual meeting, and we will also discuss when formal enforcement should begin and how the process should be implemented to get properties into compliance.
1. General Enforcement Principles
The Association will seek voluntary compliance whenever possible.
The normal process will be:
- Identify the violation.
- Notify the homeowner.
- Provide a reasonable opportunity to correct the violation when required or appropriate.
- Use formal enforcement when a violation remains uncorrected or is repeated.
The Board does not intend this policy to penalize homeowners for trivial, temporary, accidental, or isolated conditions. The focus is on significant, recurring, or continuing violations.
All enforcement actions and fines will comply with applicable Texas law, including required notice, opportunity to cure, and hearing rights.
2. Property Maintenance / Covenant Violations
Governing Authority: [Protective Covenants – Article 7, Prohibited Activities] and [Protective Covenants – Article 17, Maintenance of Residential Lot]
Article 7 prohibits the storage of rubbish, debris, junk, or other unsightly materials and prohibits uses that may become an annoyance or nuisance. Article 17 requires dwellings, fences, walls, and other approved structures to be maintained in a reasonably good state of repair.
Examples may include significant or ongoing property maintenance problems, accumulated debris, substantial exterior deterioration, unapproved structures, or continuing nuisance conditions.
Proposed enforcement schedule:
- Initial Violation: Courtesy notice; no fine.
- Second Notice: $25 fine per violation.
- Ongoing Non-Compliance: Additional $10 per week while the violation continues.
- Major Violations: Up to $100 per month may be assessed after Board review.
The Board may consider the nature, severity, duration, and frequency of the violation when determining the appropriate enforcement action.
3. Parking / Vehicle Violations
Governing Authority: [Protective Covenants – Article 16, Miscellaneous Vehicles and Equipment] and [Protective Covenants – Article 17, Maintenance of Residential Lot]
Article 16 restricts the parking and storage of vehicles, trailers, boats, machinery, and equipment except as specifically permitted.
Normal everyday parking of passenger vehicles is not the intended target of this policy.
Proposed enforcement schedule:
- First Offense: Courtesy warning.
- Second Offense: $25 fine.
- Subsequent or Continuing Offense: $10 per day while the violation continues.
4. Trash, Trailers, and Visible Storage
Governing Authority: [Protective Covenants – Article 9, Garbage and Other Waste], [Protective Covenants – Article 16, Miscellaneous Vehicles and Equipment], and [Protective Covenants – Article 17, Maintenance of Residential Lot]
Article 9 requires waste containers to be kept in closed sanitary containers and hidden from general view. Article 16 regulates the storage of trailers, boats, equipment, and other vehicles.
Proposed enforcement schedule:
- First Notice: Courtesy warning.
- Second Notice: $25 fine.
- Continuing Violation: $10 per week until removed or corrected.
The intent is not to penalize a homeowner over an occasional minor oversight. The focus is on repeated or substantial non-compliance.
5. Architectural / Unapproved Improvements
Governing Authority: [Protective Covenants – Article 2, Architectural Control]
Article 2 requires covered improvements to be submitted to and approved by the Architectural Control Committee before construction or alteration.
An unapproved structure or improvement may constitute a violation subject to the Association’s enforcement procedures.
The Board will generally provide notice and an opportunity to correct the violation or obtain appropriate approval before pursuing formal enforcement.
6. Fines for Continuing Violations
To keep enforcement reasonable and proportional:
- No fine will be imposed until the homeowner has received the notice required by applicable law.
- Where a violation is curable, the homeowner will generally receive a reasonable opportunity to correct it.
- Continuing fines will not accumulate without limit.
- Total fines for a single continuing violation will not exceed $500, unless a different amount is specifically authorized by applicable law or the governing documents.
- The Board may reduce or waive a fine when circumstances warrant.
The Association may also pursue other enforcement remedies provided by the Protective Covenants, including recovery of actual costs incurred to correct a violation.
7. Legal and Collection Costs
Governing Authority: [Protective Covenants – Article 18, Maintenance Association and Maintenance Charge] and [Bylaws – Article XI, Assessments]
The governing documents provide for recovery of reasonable expenses, costs, and attorney’s fees associated with collection of unpaid maintenance charges.
Reasonable attorney’s fees, collection costs, and other enforcement-related expenses may be charged to a homeowner’s account when authorized by the governing documents and applicable law.
These costs are separate from the fines established by this policy.
8. Late Assessment Payments
Governing Authority: [Protective Covenants – Article 18, Maintenance Association and Maintenance Charge] and [Bylaws – Article XI, Assessments]
The Protective Covenants provide for interest on unpaid maintenance assessments at 10% per year.
- Interest: 10% annual interest on unpaid maintenance assessments.
- The Association may pursue the collection remedies provided by the governing documents and applicable law.
No additional late-payment fee is proposed.
9. Returned Payments
A returned payment may result in a $25 returned-payment fee, limited to the Association’s reasonable cost associated with processing the returned payment.
This is an administrative charge rather than a covenant-violation fine.
10. Notice and Opportunity to Cure
Before imposing a fine for a violation, the Association will provide the notices required by applicable Texas law.
The notice will identify the violation, the action needed to correct it, the applicable deadline, and any applicable fine.
The Association will follow all required notice, cure, and delivery procedures.
11. Right to Request a Hearing
A homeowner may request a hearing regarding an enforcement action as provided by Texas law.
Information regarding the hearing process and deadline will be included in the applicable enforcement notice.
The purpose of the hearing is to allow the homeowner and Board to discuss the facts, circumstances, and proposed enforcement action.
12. Consistent and Reasonable Enforcement
The Board will strive to enforce the governing documents consistently among similarly situated properties.
The Board may consider:
- The seriousness of the violation
- Whether the violation is continuing or repeated
- The effect on neighboring properties and the community
- Whether the homeowner has made a good-faith effort to correct the problem
- Any unusual circumstances affecting the homeowner’s ability to comply
The Board may provide additional time to correct a violation when circumstances reasonably warrant it.
13. Effective Date and Implementation
This policy is being published for homeowner review and discussion before adoption.
The Board will consider homeowner comments and feedback at the October 2026 Annual Homeowners Meeting.
The Board will discuss with homeowners when formal enforcement should begin and how the process should be implemented.
Once adopted, the final policy will be posted on the Association website and made available to homeowners.