Violation Enforcement Procedure

Fred,

Selective enforcement (fining and/or send violation notices to some members and not others)is certainly NOT proper and no BOD should ever get into the habit of doing this. My assn first sends a "friendly reminder", then the second violation notice contains a fine. If the violation is not cured by the 4th notice, the case is turned over to our attorney. From the second to the 4th notice the fines escalate from $50 to $250, the latter being the cost of the attorney's demand letter. AZ law requires a member to be informed that they have a right to be heard by the BOD before a fine can be issued. We do not pick and choose which violations will be enforced (also called selective enforcement). All members are treated equally. I once lived in a small community, 49 single family homes, and I know selective enforcement would be more of a problem because everyone knows everyone in the community. Board members must put their personal relationships aside and do what is required by the gov. docs, if that means sending your best friend or neighbor a violation notice, so be it. If there are some violations which the board feels are unwarranted the CCRs can always be amended to remove them, but choosing not to enforce them may cause the board to wind up in court someday. There are members who have sued the BOD for not enforcing the CCRs and BODs have also been sued for selectively enforcing. You never know when someone of that mindset lives in your assn!!!

Fred, if you know someone real well you could try it but I would make a note in the homeowners file that they were warned on such and such date to prevent charges of selective enforcement. Even then I wouldn't do it because you never know how they are going to take it. There have been too many cases where the person was mentally on the edge and they have fall and used a firearm to solve their problem. One of my neighbors 20 years ago went this route and after threatening me actually held my friend and his father at gun point until the police arrived and arrested him. As the said on the Soprano's: "It isn't personal, its just business."

This is what happened to a Board member who talked to a homeowner about a tow:
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/102833/view/topic/Default.aspx

BTW 5311.081 requires the owner have a right to a hearing also:

(C)(1) Prior to imposing a charge for damages or an enforcement assessment pursuant to division (B)(12) of this section, the board of directors shall give the unit owner a written notice that includes all of the following:

(a) A description of the property damage or violation;

(b) The amount of the proposed charge or assessment;

(c) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment;

(d) A statement setting forth the procedures to request a hearing pursuant to division (C)(2) of this section;

(e) A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment.

(2)(a) To request a hearing, the owner shall deliver a written notice to the board of directors not later than the tenth day after receiving the notice required by division (C)(1) of this section. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board may immediately impose a charge for damages or an enforcement assessment pursuant to division (C) of this section.

(b) If a unit owner requests a hearing, at least seven days prior to the hearing the board of directors shall provide the unit owner with a written notice that includes the date, time, and location of the hearing.

(3) The board of directors shall not levy a charge or assessment before holding any hearing requested pursuant to division (C)(2) of this section.

(4) The unit owners, through the board of directors, may allow a reasonable time to cure a violation described in division (B)(12) of this section before imposing a charge or assessment.

(5) Within thirty days following a hearing at which the board of directors imposes a charge or assessment, the unit owners association shall deliver a written notice of the charge or assessment to the unit owner.

(6) Any written notice that division (C) of this section requires shall be delivered to the unit owner or any occupant of the unit by personal delivery, by certified mail, return receipt requested, or by regular mail.

Fred,

No! The only time our board members speak to a member is if that member asks to speak before the board about a violation notice. We do not feel that it is prudent to personally speak to a member. When I lived in a small assn, our A/C chairman did this once and it came back to bite us. The member she spoke with did not do what he agreed to do verbally and even went so far as to spread lies to other members in the assn. As a result the board passed a rule stating there would be no verbal communication with members regarding violations. Also, one never knows what to expect when knocking on a stranger's door. I know of a city policewoman who liked to open her door with a gun in her hand! And, there was an incident in CA where a condo board Pres approached the driver of a moving van to inform him he could not park overnight on the street. When the driver went to the Pres' door, yelling and screaming obscenities, the Pres happened to answer the door with a knife in his hand as he was cooking dinner at the time. The Pres called the police but they only spoke to the driver who accused the Pres of threatening him with a knife. The Pres was knocked to the ground, handcuffed and arrested. The case is still awaiting the DA's decision whether or not to press charges.

Fred,

Our manager checks the whole HOA (17 s/d's) for violations and has the authority to issue notices w/o board approval. This takes the monkey off the backs of the board member. However, in each month's board packet is a complete list of all the violation notices issued, whether a friendly reminder or a 2nd,3d or final notice and for what type violation. Appeals are handled by the BOD.