What can the board do about “repeat violators”?

Good day all. I have read and received some very good suggestion in the past. I’m asking for your help, opinions and suggestion on a particular situation in my community once again.

I am the Vice President of our HOA. Our community consists of 275 lots and we are all single family homes. The board has been following the CC&Rs when a HO is in violation.

Our property manager has informed us that we must proceed in the way of sending the homeowner a violation letter either by first class mail or certified mail, notifying the HO that he/she has 10 days to comply. My question is does the board have to send this HO a violation notice in this fashion (costing HOA the postage every time)? I understand that it is essential to have the proper paper work in case the situation ever goes to court the HOA will have some sort of written proof.

We are attempting to form a compliance committee to enforce the CC&Rs. Our MC is required to do the initial drive through once a month, but he is not required to do any follow up. That is where we have decided the compliance committee would help tremendously. Does the committee have to report every home in violation by this means?
Couldn’t the compliance committee just put a “reminder notice” in there mailbox, notifying them of the violation.(saving the HOA the postage?)

The past three years my neighbor has left their basketball goal out front of their house (in the cul-de-sac). Lately she has made her son put it in the backyard where it belongs (to avoid receiving a violation letter), except on Fridays. The goal comes out Friday evening and it will stay in the beauty strip (out front of her house) the entire weekend, removing it on Monday evening. Being a board member I have spoken to this HO on several occasions, she is very hostel, to say the least. My question is would we need to continuously keep sending this HO violation notices even thought she is aware that leaving in the cul-de-sac is a violation? This is a repeat offense, after three years she knows that the property manager only does his inspections during the week days and only once a month. Can the MC send this HO a fine, right away? What can the board do about these blatant violations?

Violations such as leaving garage doors open when not in use is a violation. A homeowner's garbage can not be seen from the road,which would be a violation. These are all violations, which can be corrected within a few minutes. They don’t require 10 days! These violations are a waste of time, money and energy!

This compliance committee is going to be walking or driving around the neighborhood reporting violations that the HO may have already complied too by the time the violation letter is mailed. This is huge waste of time, money and energy of these volunteers.

Sorry for the long post.

Chuck W.

Chuck, your Board needs to set policies and procedures on enforcement of Covenants. The Board does this not the MC. The MC follows the Rules set by the Board. If your MC is doing inspections they need to follow up on getting corrections to violations. Your policies could be set up to first notify the homeowner (by a note posted to the property at time of inspection, a phone call, email, or 1st class mail) that there is problem which appears to be violation of Covenants and ask for prompt correction.

If not promptly corrected a written violation notice should be sent by mail with a specific timeframe for correction (this is set by the P&P established by the Board and can be variable depending on the problem). The letter should advise on the right to a Hearing prior to fining if not corrected. The P&P should state that another violation within any consecutive 12 months will be subject to a fine without prior warning and notification.

If you are not going to have the MC do more frequent inspections then this can be supplemented by inspections by your compliance committee. I suggest you have all violation letters sent by the MC. The committee can notify the MC so there is only one line of communications on violations.

Roger,

I appreciate the advice. I spoke with the other board members last night and made the suggestion to them about setting up policies and procedures on enforcement of Covenants.
We are looking into further, but we were told by the MC that they were only required (CC&R) to perform one inspection a month. I’m going to look today and see exactly what it says.

Thank you once again,
Chuck W.

Isn't there a staute of limitations of enforement? We have the same issues but many neighbors here have them. One board member built a room on the back of his home with metal windows. Declarations state they must be wood windows. This room is about 2/3 yrs old. How do you inforce that? Or does it fall back on some kind of statue of Limitations? Same as the basket ball goals. I don't mind either of them, but you did ask a good question. I would love to have metal windows....and a basket ball goal for may kids out front. Just not sure if I would be violating the Declarations.

JanaC

JanaC,

If it is stated in your CC&Rs as a violation, then he would be in violation.
Being a board member didn’t he apply for ARC form? Did he get an approval?

I’m all for children playing basketball outside that is why we( my wife and I) bought into this community and bought a cul-de-sac lot to have our house built on. We would like our children to some day to feel safe while playing ball with the other children in the cul-de-sac as well. Not huddled around the T.V playing video games.

Regards,
Chuck W.

Charles and all.

I moved in last year here. I was told that the "Old Assoc...ie..being the developer, didn't care who did what, no approval nesscessay. Then the "New Association" that took over last summer has decided that they will enforce Rules on New Home owners, such as... No basket ball goals as stated in our Declaration, No more then two pets as stated, but then it's ok to over look the Treasure/Sec. to have metal windows on his addition, and the President doesn't have to have the 4- 6 ft trees as required....I have no basket ball goals, no pets, due to I was told I wasn't allowed. I was required to have my Cedar fence approved as Required by the rules. Only Cedar fences allowed, but again many here have all types of wood, Treasure/Sec have white vinal, and there are also Iron and brick. These fences were all here prior to me buying my home, my question is how come I as a new owner can not break the rules persay..but they "the old owners/members" can?

Trying to figure this out, and thanks for listening....

JanaC

JanaC:

You might even go so far as to take some digital timestamped pictures of these "grandfathered" items for the record as they have a habit of creeping into perpetuity if not surveilled (like a car runs over said mailbox, the new mailbox would have to adhere to the new standard, not the old grandfathered standard) Grandpa is, unfortunately, dead, so his descendents don't get his pension, etc.

Michael in GA
44 Units, Prez.
44 mailboxes all the same, thank goodness, although one was backed into.
44 potential 10' inflatable santas again this year its about that time!

Also no notes on the door. A responsible Management of Administration of HOA will mail this to the homeowner. This will keep controversy out of the neighborhood. You want to avoid getting too personal in that way. We have had tires cut, gas tanks on cars cut to steal gas from others while you are sleeping at night. That sort of thing. People feel like, "I pay my mortgage, I pay you. You don't tell me what to do!" But aahh yes, we do we keep order in this hood. You dig?

Whomever is responsible for collecting your dues and writing your budget should administrate this. Ours goes out once a week to the property and look arround. It's required. They get quotes if we need them to, ect. They come to the hearings, community watches, all that stuff. We pay them to do it. That way we can turn in the names of those by what we call "Block Captins" similar to your committee. They give it to us, we forward to the management of the property and are fined. Period. Do the same. Find out what other services your management offers. Flow, thanks.

Do not be intimidated, just handle it...

Well now I know why no one else here in my HOOD is a active member now. Hard to fight those on the board who violate the Declarations. If you say they have all the power, then that makes sense why they can have metal window and no trees in front yard. They can approve each other?, then say no to the rest. Everyone here is pretty put out. The person you are telling me I have to address just so happens to be the President/ NO TREES and the Treasure/Sec. my neighbor, who fills both positions, which he can. So you see the Treasure with one vote of another Board director... say the President (whom is also in violation) can approve for metal windows and no trees, just for their yard? just not oak fence! Right?

Is that what I am hearing...still smiling

So why even have an assoc. or even call meetings if the board doesn't need to, being that "Decisions can be made wihout the concensus of the neighborhood "? the need of homeowners/ members votes? Why doesn't the board just add to the by-laws that they can stay in office until they move or death hits them first? I mean they can do that right? Ok, I'll take a break...I'm getting confused..

really though...big thanks !

I might like what you have to say sometimes, but I"m learning!

Brian....So are you saying that the Bpard members can be sued by the HO's. Are they protected by the D&O insurance or because they knowingly broke the violations, they would pay out of their own pocket. And they could be forced to replace the windows w/the proper ones.

Jana,
The Developer usually choses to relinquish control. Often the Developer phases onto the Board homeowners they select. At their chosen time all Developer controlled Board members can simply resign their position. The good Developers don't do this. They work with a homeowner transition committee and transition in an orderly manner.

Jana, you don't seem to realize that the homeowners are not in control. Initially the Developer is in total control of the HOA. They appoint the Board members and can chose to do as they please. That is how it can and does happen. Because they have a major investment and need to be able to protect their investment.

RodgerB,

I guess that is where I am having a hard time.

It says that the developer turned over the Association to the Assigner, being the HOMEOWNERS ASSOCIATION, (not just to the directors of the board of the Association.) Each homeowner making up the Association

Follow me here....Please...

In the "Articles of Inc." on the first page, Article III- purpose and Powers of the ASSOCIATION, (again not powers of the Board of Directors)

a. exercise all powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration.(ie..being the "Declaration" states we are all entitled to 1 vote as a homeowner/member of the Association, thats all it says)

then in "Articles" VI- section 11. Powers of the Board

C. exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by OTHER PROVISIONS of the By laws, Articles of Inc. or Declarations

(meaning that they can exercise for the Assocaition all powers, duties and authority, (which are not reserved to each member of the Association)

meaning the association have powers that can not be supercided by the Board of Directors Powers due to they are reserved for each homeowner/member as stated in Article III and the Declarations of the rights of all members ie...the Assocaition?

Also wouldn't this be if allowed by the board of directors breaking the 10th Amendment?

(By the way...are By-LAWS are in the Articles of Inc. not seperated as two seperate)
OUR board is trying to get them seperated, but in the Articles, including all By-LAWS, Amendments of the Articles shall require the asssent of 75% of the entire membership, (not votes) So how can they do this?

This seem difficult, but to me it's in black and white.

I thank you in advance for your insite on this,

Jana

Good day all. I have just re-read all the previously written posts. Much of the advice and suggestions written, we had already been done, for the past three years. Now being a board member I feel as if it is my obligation to the community to enforce the CC&R’s and by-laws.

In the past several years we( board member’s) have had the MC send on this notice, which gives the violator (10) to comply to the said violation and then if they comply there will be no fines or suspension! I’ll give you all a better understanding of this particular situation. On Monday (1st) the homeowner is in violation, let’s say hypothetically the MC sends the violation letter and the homeowner receives this notice by first class mail the following day. This HO gets (10) to comply and on the 11th day they are fined. Which is the way it should be, but what “if” the HO in violation resolves the situation that following Saturday (6th) well within the 10 days, required by the violation letter. So within five days of the allowed time frame they have complied, let’s say for 3 or 4 days the HO continues to comply. Now on the Friday, 11th days from the initial violation letter the HO is in violation. Does the board have to mail another violation notice to this HO that continues to be in violation? (First class or certified mail),
costing the association money each and every time. If the violator plays the game correctly they literally could avoid a fine indefinitely, for many years as this family and others have done. What can be done, anything? As a board member I’m lost as too what to do now.

Our by-laws state: 3.21 Fining or Suspension Procedure
(a) Written notice shall be delivered to the member by fist class or certified mail sent to the address of the member shown on the Association’s records, specifying:

(1) the nature of the violation, the fine to be imposed and the date, not less than fifteen (15) days from the date of the notice, that the fines or suspension will take affect.

Again I apologize for the long post. For the past three years, at least, I have been dealing with this repeated violation.
That is one of the reason I became a board member. I assumed that nothing was being done. I was wrong they were doing the same things we are doing now.

Thank you all
Chuck W.

RogerB,

That is exactly the advice I was looking for. I will mention that to the other board members. I’ll keep you updated as too what exactly happens.

I read that as well about the 15 days appose to the 10 I have been told about for many years.
I may have just misunderstood, but I have asked many, many times. Thank you once again. This discussion board is amazing!

Thank you Roger.

Chuck W.

Laura, pass a rule that garage doors shall be closed except when in use for less than X minutes. Distribute the rule to all owners and then enforce the rule.

Laura, please define the "hazard" involved in leaving a garage door open.

Just curious, as my life deals with hazards, and i am always curious how others define them.

Water heaters are, i take it, gas? You are worried that the pilot light may get blown out, and the unit leak gas unchecked? If so, then opening the garage at ANY time is a risk of hazard, for an errant wind could blow out any heater pilot. My own water heater is in the garage (almost always the case in Arizona), and despite leaving my back door open (a mere three feet from the heater) for days and weeks on end for years, and my big front doors open for thousands of hours over the past decade (sometimes specifically to get a cross wind to remove the 140 degree heat from my garage), I have never had the pilot blown out.

Trash/debris is rarely a threat to someone's life or health... a nuisance, perhaps. Maybe, if a lot builds up near that heater element, a fire hazard... That may be a worthy risk, if there are indeed leaves, papers, bags, etc. built up around the heater. I could support your call on it being a hazard if indeed, trash was built up around the heater element.

As for temperature, energy costs, etc... Not a hazard. I don't see a risk to human life, health, etc. in that. It may be inconvenient, a nuisance, even a PITA, but it isn't a hazard that energy bills get more costly.

My first advice, when you go to fix this issue with the neighbor, choose your terms carefully. If you asked me to close my garage door because it was a nuisance, I might do it, because you are probably right. But if you tell me that my garage habits are a HAZARD to you, I will likely ignore you, because the words being used are without proper meaning.

You don't want to give the other side the ammunition to ignore the request.

Glen, the hazard of an open door you mention would be the risk of assault, correct? If so, then the HOA better have rules that require windows be closed and locked, doors closed and locked, etc.. You can't pinpoint the garage door open and say "that's a threat to your health, someone could come in and assault you" and not regulate windows, front doors, patio doors, etc.. I bet more assaults occur because of open windows than garage doors, for example.

If that is truly a regulatable (i made that word up) condition, then it must be regulated logically.

And again, increased energy costs are not hazardous. Annoying, inconvenient, yes, but they pose no risk to a life.

Thanks for the input guys but only one owner is the winner in a case like this. We do not have a rule to keep the garage doors closed. We do not have a management company or a board that will stand up for the rights of all people, they hide their heads and maybe it will go away, I have reached a decision the it is a hopeless thing and we have to learn to live with the privileged few that can be a victim no matter what chaos they cause. I have lived in another HOA situation that was tops and enforced all rules and regs for all people. We can find our dream home and live happily ever after if we keep our mouths shut and dont make waves. Too bad we cant chose who we live beside. I just have to practice my poor me , I am a victim , then maybe all residents will get the same consideration
I dont think the parties would obey the rules anyway even if the were on the books, that is what kind of people they are. Too bad that maybe I havent described the situation better cause it sure has been off the wall replies . LOL

CharlesW1,

I'll add my two or three cents to the 37 other posts to your subject.

If I recall, your primary reason for joining the board was to right the wrong of unit owner violations to the cc&r's or rules and regs. If I recall you believed that one bad egg could spoil it for the bunch thereby tarnishing the image, and reducing property value of the community (i.e. lawns not mowed, etc.).

Verification that the HO complied to rectify a violation is not a huge waste of time, money and energy as you've alluded to. Someone has to do it if you want to right the wrong of unit owner violations.

If you have willing volunteers to verify, than what's the billable cost? ZERO. If you do not have willing volunteers than the cost will be billable to Association from the MC. Of which the violating owner will share his/her proportunate share of the burden of payment.

GeraldT1
NNJ

In many areas, basketball goals, etc. are against local laws or ordinances. They are illegal in our city within the city right of way. Check with your city, town, county, etc. Don't just ask the police.

As far a rude kids (and parents), you're not going to win that one, that's the way they are being raised these days. My suggestion on getting out of the driveway - back in. That way, when you exit your garage/driveway, you are moving forward and you can see what's in front of you.

No, I'm thinking that when you pull in to your cul-de-sac and get ready to turn and back in to the driveway, you have a good view of any hazzards and that the children will have moved out of your way. I make it a habit of backing into a parking space whenever practical for this very reason.

RonaldW,

Appreciate the suggestion about backing into the garage appose to driving in, but as I had posted earlier, I had already pursued this option. As the saying goes “I’ve been there, done that” That was my first idea (three years ago) which has failed repeatedly.
I don’t mind the children playing in the cul-de-sac (my wife and I always wished it to be that way) just would like them to be more respectful to others and their property.

I will look into what you have previously mentioned “In many areas, basketball goals, etc. are against local laws or ordinances. They are illegal in our city within the city right of way. Check with your city, town, county, etc. Don't just ask the police”

This would only make sense to me. HMMMMM they are in the right of way with any vehicle that travels down into this cul-de-sac. The majority of the boys playing ball are of high school age, so they are home well before the elementary bus comes. This bus will drop off children in the cul-de-sac and then go on to turn around. I have watched these kids continue on with there games as if too say, “Well you can just wait a minute or two, can’t you see were in the middle of a game here”

All that is accomplished in backing in appose to driving in, is the time and the fact that you can watch them ignore you and watch them give you dirt looks as if to say that you are in the wrong, when driving directly toward them all.

Thanks for the advice about city ordinances. I’ll look into in and keep you all posted.

Chuck W.

RonaldW,

That’s pretty well, right to the point! Where did you look to find that information? I will Google it and see what I get.

Thanks
Chuck W.

RonaldW,

I’ll call my county right now. I can only hope that have an on-line ordinance and it is written much of the same. I appreciate the info.

Thank you
Chuck W.