I have been to a few meetings and experienced board members charging for oil spills on the driveway. Of course the owner claims "someone else did it" and the board maintains "you are responsible". I experienced in one case $250 charged because apparently a square was cut out and black top replaced. In a few instances, the work was actually not performed with the caveate that the work would be performed at a later date maybe when the weather was more cooperative. According to the covenants [Article V exterior maintenance], this is not the method that should be used. Here is the text in the covenants:
In the event that the need for maintenance or repair is caused through willful or neglegent act of the owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot is subject.
At this point, there is no cost. They have no receipt and as such, they can't charge. Charges without services are illegal. If you have had this situation, I would suggest you discuss this with your board members. I'm sure they will be glad to understand that their activity is questionable.
Besides this, the driveways are old and decrepid anyway and the association will be required to replace them in the near future. What is the sense in charging for a patch?
When board members operate outside of the covenants, the property owner is not liable at all. That's the law! That is supposed to be the leverage that forces the board to operate within the covenants. Unfortunately, no one has challenged them to this point.
If they charge you without justification, ask for your money back. If they don't respond, take them to Anoka County Court house. If you want some advice, give me a call.
Remember this: The covenant document is a legally binding contract between the association and the member. The board members have NO control over the covenants. They are supposed to make sure that the covenants are adhered to.
