Registered letters to Owners

Started by AlexM1 • 5 replies • 1983 views

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AlexM1 (Oklahoma)
Posts: 287

Posted:

One board member wants to start using registered letters to go to owners who have a violation against
them whether it be due to the owner or the renter who is occupying their unit. I am opposed to the
use of registered letters because it is expensive and the risk that the person to whom the
registered/certified letter is going to will refuse to take it.That is one issue. The other issue which
prompted this certified letter business is that one of the renters has a bird feeder in the
tree that butts up to one of their windows. They put feed in the feeder and when birds go to feed, they
scatter many bird seeds onto the ground below and that draws many pigeons. The initial letter was sent
out to the owner... the second one(which is 14 days later) is to go out tomorrow with a fine of
$50. But in the meantime... does the HOA have the right to remove the feeder in view that the feeder is
on/in the "common " area?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Alex,

In my opinion, the Association should not enter property or remove items unless a violation is causing a health or safety issue.

Has anyone actually knocked on the door and talked to the renter? Of course, since warning letters have already been sent to the landlord, this option might be too late.

This is our enforcement policy:

1. Initial warning (written or verbal) to the resident
2. Formal warning to the owner (written via first class mail) with a copy to the resident if rented
3. Notice of hearing to the owner (written via certified mail) copy to resident if rented
4. Results of hearing (fine, suspension of common area use, etc.) to the owner (written via certified mail) copy to the resident if rented.

Note: copies are sent via first class mail.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You should send the certified letter to the owner to the address in the HOA and a possible copy to the actual owner's address if outside the HOA. It doesn't matter if it gets rejected or not. It is proof they refused to acknowledged the certified letter and can be used as proof that attempts were made to contact. That is the whole purpose of the certified letter to show proof that they were attempted to be contacted and notified.

Is there a rule or fine schedule in place for such things? Your HOA would have to have something that says that bird feeders are NOT allowed in the common area. A member can't just arbitrarily be fined for a violation that doesn't exist. That doesn't mean the wording has to be directed toward the bird feeder but in regards to not allowing items in the common area without prior approval. It would be good to have something that says that the HOA will remove items in the common area if they are determined by the BOD/owners to be a problem.

I think the HOA can remove this item and let the owner know the reason it was removed. That's the route I would go without all the fines and certified letters. Let the owner know the renter has a bird feeder and the HOA wants it removed or they will do it. The HOA can remove an item off the HOA property and send the owner the bill if it is something that costs money. If the owner doesn't pay that bill, the HOA can lien for it. However, in this scenerio it is just an annoyance item that shouldn't cause world war 3 over...

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MelissaP1 on 12/30/2012 5:56 AM
However, in this scenerio it is just an annoyance item that shouldn't cause world war 3 over...

This is of course expecting that the downstairs neighbor (where the feed is being dropped on) isn't the original poster or a member of the Board. Than, sadly, human nature takes it to WWIII.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Alex

In the normal course of events (initial notices, etc.) I do not think registered letters are necessary but when you kick it up a notch like start fines, legal action, etc. then registered letters will protect you even if not signed for.

In the case of the bird feeder, if it is on common ground it can be removed ASAP. The only question is do you want to be courteous and notify the person filling it with seed that the association will be removing it if they do not.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Alex,

Just to get totally overboard with technicalities, the letters are Certified and not Registered. Registered Mail is seldom used any more because its main purpose was to mail cash or other non-replaceable items. I have received only one registered letter in my entire life and the postman who delivered it said it was the first one he had ever seen.

You can cut down on the cost and problems of Certified Mail by mailing without the green card. This gives you a tracking number to prove delivery without having to get the owner to sign anything.

When you require a signature card, the post office will not deliver it until the addressee signs for the letter. Normally, this requires the addressee to go to the post office during normal business hours. Since this is not always possible, your letter may be returned unsigned for only because the person could not get to the post office on their schedule.

I know of some state laws that require certain notices to be mailed simultaneously by both certified mail with a signature card and regular first class mail. I assume this is to ensure that the person gets his notice even if he can not or will not sign for it. While these laws require a signature card, the laws do not give any instructions as to those situations where someone other than the addressee signs or if the entire letter is returned for any reason.

Personally, I am not a big fan of notice by certified mail. I heard of a certified letter that was addressed to a couple in a small town. The couple no longer lived in that town but, being a small town, the postman knew where the mother-in-law lived so he delivered the mail to her home never knowing the contents of the letter. Mother-in-law signed for it and set it aside unopened. Months later when her children came to visit she gave them the letter. Inside was a notice that they were being sued in the small claims court. By the time they learned of this lawsuit, the other party had already taken judgment by default. The court accepted the mother-in-law's signature as proof that the complaint and summons had been recieved.

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