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JuneS1 (Virginia)
Posts: 12
Posted:
In January I was elected to the Board as VP. It took a few months to get a handle on things and comfortably fill the role. Recently Management received a letter from a homeowner who challenged a bill received for removal of construction debris from the common area near her home. The letter was passed along to the Board (email) with recommendation to dicuss at the upcoming meeting. My concern is this homeowner (absentee) was never notified that she was in violation, and said she has not hired a contractor to do work on her property since September of 2009. Generally, violation notices are approved by the Board; this was never presented to the Board for a vote.

In the email thread, The Board Secretary said he and his wife were walking the grounds and while out and about met and talked with the man he presumed was the homeowner's contractor. He advised the contractor that all construction debris must be removed when the job is completed and the contractor appeared to be disinterested. There were no complaints from neighbors.

He also said he didn't get the name of the contractor or who he was working for, but the debris was near the fence of this homeowner's property and the homeowner has a history of non-compliance, therefore due process is not necessary, even though this incident is not related to any previous incidents.

Our management firm is a well known and respected firm. That our account manager sent the bill without a violation letter surprised me. I am really uncomfortable with the way this was handled as I feel it sets a dangerous precedent. If this is dicussed during the Board meeting Wednesday, I'm not sure if I have the right to say I don't approve - or if it would even matter.

Any input is greatly appreciated.
TimB4 (Tennessee)
Posts: 21,059
Posted:
June,

Unless your governing documents say otherwise, each incident requires a due process (unless it's a continuing of the same incident). I think your Secretary jumped the gun. Expecting debris in the common area belongs to someone when you have zero proof indicates a need for an investigation (or at least a knock on the door), prior to fining.

Speak your objection and turn it around. Ask the board how they would react if they were getting fined for something they didn't do, vs a warning letter as is required by the governing documents.

Even if your outvoted, you will at least sleep better at night.

Tim
JuneS1 (Virginia)
Posts: 12
Posted:
Thanks Tim

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