How Do You Identify Violations?

We have a 100-home, self managed, planned community in Arizona. We’d like to learn what processes other HOA’s use to identify which homes are cited for violations for things like trash, weeds, paint, etc. We’d like to establish a system that is easily managed and uniformly applied, but not over-bearing or excessive.

Do you just respond to complaints? Do you have periodic inspections by an individual or committee? How often are inspections done? Are citations voted on by a committee or by the Board? Who signs the citation? Is your process written into any HOA documents? In a typical year, how many homes receive violation notices? How well does your process work?

We appreciate any information you are willing to provide.

We do an annual inspection.

Other than that, we respond if it's seen or reported but don't go looking for it (except at inspection time).

We have a written policy on enforcement.
It's rare that something goes through the whole process. Most are corrected prior to a hearing.

Sandra,

What process does your Association use?

Are you on the board/committee?

Tim

Sandra,

We had a similar issue when the Association hired someone to cite infractions. They were way over zealous. This lasted for three years and did nothing more than create turmoil within the membership. Therefore I understand what you are going through.

There are 3-4 inspectors and they divide the community up. The inspectors use a check sheet and are mainly looking to make sure that the property is being properly maintained. They identify things into three categories -

Concern - Something that caught the inspectors attention and they just want you to be aware of it. A concern is just that, a concern.

Maintenance Required - This is something that needs attention and the member has until the next inspection to remedy the issue. Typical issues that fall into this category are painting, brick work and roofs.

Violation - This is something that must be addressed within the next 30 days. Typically these would involve safety or general clean up (personal property left out when not in use). Additionally, anything identified as Maintenance required the previous year that hasn't been addressed is automatically considered a violation on the current inspection.

Inspectors inspect the property individually. However, anything that is determined to be a violation by one inspector is revisited by all inspectors and discussed. If the majority agree it's a violation - it is reported as such to the member. If the majority agree it's just a maintenance item - it is reported as a Maintenance required item.

The inspections and violations are done by our architectural committee. Any member who disagrees with a decision of the committee may appeal it to the Board. For this reason, no Director is a member of the Architectural committee.

I can offer more info and examples of what we use but they are too large to have as attachments. Email me if your interested - [email protected]

The first thing you have to look at is your documentation CC&R's to see if you have an established fining schedule incorporated. Many HOA's dont' have a fine system set up. The HOA can place liens or foreclose in most state. However, fines can NOT be the basis for all liens/foreclosures. You have to do some research if your state allows liens to be placed for violations and NOT just unpaid dues/assessments.

Do you have an ACC? Archectual Control Committee? They have their own set of documents in regards to enforcement/appearance. If your HOA doesn't have an ACC then the board makes the decisions. The board can override ACC's decisions if there is a disagreement.

Basically, the whole membership must be aware of the cost of fines for violations. It can't be erroneous. It's a good time to update/upgrade your documentation if you do decide to incorporate a fine system.