Enforcement and Fines
The Association has layered enforcement authority — Declaration, Bylaws, Board resolutions, and Handbook escalation matrices.
Declaration-level enforcement (Article XI § 2)
A. Use of Common Area / general violations
For any violation of the Declaration, Bylaws, or rules and regulations governing Lots or Common Area, the Association, acting through the Board, may notify the Owner in writing and, after reasonable notice and opportunity to be heard:
- Suspend the Owner's voting rights and right to use the Common Area for the period violations remain unabated (or for up to 60 days for any infraction of rules and regulations).
- Impose reasonable fines in the manner and amount the Board deems appropriate, paid into the Common Property Reserve Account.
- Bring suit or action to enforce the Declaration.
Nothing in this Section gives the Association the right to deprive any Owner of access to and from such Owner's Lot (Source: Declaration Article XI § 2.A; Article IV § 8.B(1)).
B. Nonqualifying improvements / general protective covenants
For improvements built contrary to the Declaration, or for Improvement/activity/condition/nuisance contrary to the Declaration left uncorrected:
- Written notice to the Owner specifying violations; Owner is given 60 days opportunity to be heard.
- If unresolved, in addition to other remedies the Board may:
- Impose reasonable fines (Source: Article XI § 2.B(1)).
- Remove the cause of violation (self-help): enter the offending Lot (not deemed trespass) and remove the violation or alter/repair the offending item. The Association may assess the Owner for the entire cost of the work. Items of construction may not be altered or demolished in the absence of judicial proceedings. Unless an emergency exists, the Board must give the Owner 10 days' written notice of its intent to exercise self-help. Costs (including reasonable attorney fees actually incurred) are assessed against the Owner and collected as assessments (Source: Article XI § 2.B(2)).
- Bring suit or action on behalf of the Association and other Owners (Source: Article XI § 2.B(3)).
C. Nonexclusiveness of remedies
Choosing one remedy doesn't bar others. Remedies are cumulative with all other remedies (damages, injunctions, specific performance) available at law (Source: Article XI § 2.C).
Any aggrieved Owner may bring an action against another Owner or the Association to recover damages or enjoin/abate/remedy any violation (Source: Article XI § 2.C).
Attorney fees
In any Association suit/action to enforce the Declaration, collect money, or foreclose a lien, the Owner-defendant pays all costs and expenses (including foreclosure title report). The prevailing party in any such action recovers reasonable attorney fees at trial and on appeal (Source: Article XI § 2.C; Article IV § 8.D).
Bylaws-level rule adoption
The Board has power to adopt and publish rules governing Common Area use and personal conduct of Members, guests, and tenants, and to establish penalties for infractions. Adoption requires a majority vote of the Board at a noticed meeting where notice included a verbatim copy of the proposed rules. Adopted rules are delivered to each Member; any rule that conflicts with the Bylaws or Declaration is null and void (Source: Bylaws Article XIV; Declaration Article II § 3.C).
Handbook fine schedules
The Handbook (a Rules and Regulations document) sets specific escalation matrices.
Architecture
| Offense | Action |
|---|---|
| First | Request to remove infraction; warning; remedy within 24 hours |
| Second | Letter of violation; remedy within 10 days |
| Third | Letter of violation plus $10.00/day fine starting day 11 |
Signage
| Offense | Action |
|---|---|
| First | Request to remove signage; warning; 24-hour remedy |
| Second | Letter of violation; 10-day remedy |
| Third | Letter of violation plus $10.00/day starting day 11 |
Trash
| Offense | Action |
|---|---|
| First | Written warning |
| Second / consecutive | Written notice plus $10.00/day until remedied (after 10-day window) |
Pets
| Offense | Action |
|---|---|
| First | Violation notice from Managing Agent and/or Board |
| Second / consecutive | Violation notice plus $15.00 per occurrence |
Parking — Garage Use
Failure to use the garage for vehicle parking (other than for permitted trailer/camper/boat parking): notice to remedy within 30 days, then potential Board hearing. A fine of $200 per month can be levied until the violation is remedied.
Parking — General
| Offense | Action |
|---|---|
| First | Violation notice on vehicle; 24-hour remedy or escalates |
| Second | Violation notice on vehicle; 24-hour remedy or tow at owner's expense; letter mailed |
| Third | Tow at owner's expense (must be authorized by two people, one a Board member) |
If more than 30 days pass between violations, the offenses recalculate.
Trash and other CC&R violations under § VII(2)(D)
If conditions persist longer than 10 days after written notice, the Association has all rights and remedies under the Declaration, at law, or in equity (Source: Declaration Article VII § 2.D).
(All Handbook fine schedules from Source: 2026-0304-SRTHHOA-Rules and Regulations.)
Common Property / Easement-level
The Association may suspend an Owner's enjoyment rights to Common Property for any period during which any assessment remains unpaid, and for up to 30 days for any infraction of published rules and regulations (Source: Declaration Article III § 3.B).
Right of entry
The Association may enter any Lot after reasonable notice to remove debris, weeds, or waste material, or to trim/cut back/cultivate/maintain landscaping, and charge the expense to the Owner as an assessment (Source: Declaration Article IX § 1).
The Association may enter Lots for emergency, security, or safety purposes at any time. Except in emergencies, entry is only during reasonable hours after reasonable notice (Source: Declaration Article XII § 4).
Agents/officers may also enter to inspect for compliance during construction or remodeling at any reasonable hour (Source: Declaration Article VII § 3).
Records as evidence
Association records of compliance are conclusive evidence. After 1 year following issuance of a building permit by a municipal authority, any structure/work/improvement/alteration is deemed compliant unless a notice of noncompliance has been recorded in Multnomah County or legal proceedings have been instituted (Source: Declaration Article VII § 4).
Municipal ordinances control where more restrictive
Police, fire, and other local public safety ordinances of any municipal corporation having jurisdiction govern where more restrictive than the Declaration (Source: Declaration Article XI § 3).
Assessment lien for unpaid fines
Fines and other charges imposed under the Declaration or Bylaws become a lien against the Lot from the date due, collected like assessments. See Collections and Delinquency (Source: Declaration Article IV § 8.B(2)).
Sources
source/2025.07.07_summitridge townhomes_amended and restated declaration.md— Articles II § 3.C; III § 3.B; IV § 8; VII § 3, § 4; IX § 1; XI § 2, § 3; XII § 4source/590 Summitridge Bylaws.md— Articles XIV, XXIsource/2026-0304-SRTHHOA-Rules and Regulations.md— Architecture, Signage, Trash, Pets, Parking enforcement matricessource/590 HOA Parking Regulations 01.16.2020.mdsource/590 Maintenance Responsibility Resolution 11.01.2016.md