Our initial scan found 6 potential issues in your governing documents.
We checked the 3 public PDFs on Arnell Creek HOA’s website against current Delaware and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies✓Association Bylaws✓CC&Rs / Declaration+ Add up to 10 PDFs in Full Analysis
Fining clause authorizes the imposition of fines or penalties without prior written notice and an opportunity to be heard before the Executive Board under 25 Del. C. § 81-302(a)(11).
“Enforcement, Fines, and Suspension of Privileges — Upon determining that a Lot Owner is in violation of the Declaration or Architectural Guidelines, the Board of Directors may immediately levy a fine of…”
Why It’s Flagged
25 Del. C. § 81-302(a)(11)
Under Section 81-302(a)(11) of the Delaware Uniform Common Interest Ownership Act (25 Del. C. § 81-302(a)(11)), an association may levy reasonable fines for violations of the declaration, bylaws, rules, and regulations only after notice and an opportunity to be heard.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Pursuant to 25 Del. C. § 81-302(a)(11), no fine or monetary penalty shall be levied against a Unit Owner unless the Executive Board first provides written notice of the alleged violation and a fair opportunity to be heard before the Executive Board.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
5 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 5 remaining issues—plus load up to 10 PDFs for complete review.
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