Consolidating Enforcement Policy

Happy pre-Valentine's Day! Once again, I beseech the collective wisdom of the good folk here at HOATalk. Here's my issue.

We have different enforcement procedures for different covenant violations:

1) For Delinquent Assessments --the Lien and Collection of Assessments, your standard size and weight late notice, late fees and recovery process. This is addressed in legalese in our CC&R's, Bylaws and more clearly in our Resolution 1.

2) For Violation of Covenants (not assessment related) we have our Resolution V, which states three written notices, one being a warning, the other two involving fines will be issued, with compliance or appeal to the Board being done before the third and final written notice. If non-compliance still exists the enforcement procedure defaults to the lien process.

In our Resolution V the homeowner is given three days to comply from each notice, three from the non-fined first warning, three from the fined second notice and three from the fined third notice. This works if we are talking about trash cans being left out, or boats being in the driveway, or vapor lights being installed, etc. But this cannot address discovering a shed in someone's back yard, or a more complicated covenant violation.

My objective, if possible, is to come up with a covenant enforcement procedure that includes all covenant violations within the same document. In short, the Bylaws say covenant enforcement will follow what the CC&R's say, whih is the "lien" process, which is rather extreme and draconian for a trash can being left out. This is why my Board, several years ago came up with Resolution V, which has warnings, notices and fines. But that still isn't really comprehensively effective either is it?

Any suggestions?

Glen

I say one may certainly need more then 3 days from violation notice to notice to clean up an issue (like remove a shed, remove a fence, redo landscaping, paint a house, owner out of town for a month, etc.) but your suggestion on a repeat violation (like leaving the trash can outside) not starting the clock over is a good idea.

The two lessons learned from the recent fiasco in VA is do not be capricious and stubborn. Especially capricious. Have policies and schedules in effect and follow them. Do not rule by your mood.

Oops, what I intended to write was Unfortunately for the Association, it appears that the policy . . .

Dorothy it's not that complicated, you combine the warning letter with the violation letter. This is what's wrong - you have x number of days to cure the violation or you will be fined. If you dispute the violation you can request a hearing before the Board to discuss it, you have X number of days to do so or the fine becomes automatic, if you have a second violation of the same type within 365 days the fine will be automatic. When you have the fines and policies worked out I would recommend you run it past the HOA's attorney to make sure it follows the CC&R's and any applicable state law. Below is a copy of one violation letter I have seen.

P.S. I think its great if someone from the BOD calls for simple violations at least once before you send a letter. Maybe the reason the garbage can was out those three days was because the family was in bed with the flu.

From: XXXXXXXXX Board of Directors
COVENANT VIOLATION NOTICE

Dear ………………………..,

It is the obligation of the Board of Directors to ensure that each Homeowner in our Community is adhering to the Declaration of Covenants, Conditions and Restrictions (CC&R's) set forth in our Documents. Our Community is striving to continue to be a beautiful place in which to reside harmoniously with our neighbors. We are all bound to conform to the Articles of our Covenants.

We believe that you are a good neighbor and would not knowingly violate our CC&R’s. Please be advised that the following Covenant Violation exists:
The Violation falls under Article _____________, Section ______________ and is specified as:

1. According to our Declaration, the Violation must be remedied within fourteen (14) days from the date of this notification.

2. You can also notify the Board of Directors at the address above in writing, or at any of the following contact numbers, of the course of action you intend to remedy the Violation, with a specific completion date (within that 14 days).

3. You also have the option of having a hearing before the Board of Directors to discuss or refute the specified Violation (within those 14 days).

4. A second violation of the same covenant within a year (365 days) will result in an automatic fine.

Unfortunately, any Violation which goes unresolved or has not been addressed with the Board of Directors within 14 days will begin to accumulate a fine of $25.00 per day until the violation is corrected. If the violation is not remedied within 30 days once the fines begin the matter will be turned over to the Association's Attorney for legal action. The cost of legal action and all accumulated fines will be the obligation of the Homeowner.

We look forward to working together to in the continuing effort to keep our Community beautiful and protect the property values of all our neighbors’ homes. If you have any questions or concerns about the above matter, please do not hesitate to contact any of the BOD Members as listed below. The Board of Directors is in place to serve our Community.

Tim

In the above procedure when is the violator notified of the fine amount and when deos fining commence.

Thanks

Thank you all. I'm going to bring all these samples and suggestions to my Board meeting Tuesday night. I'm going on seven years as President, and will run again for only one more year. I'd like to make this year one where we can clarify and effect most of our governing rules and regs. That way, the new Board (pretty good chance both the Treasurer and VP will not be serving again either)will have solid ground on which to govern. As always, you experience and wisdom is gratefully received!

Since we're in CA, Dorothy, we must abide by Davis-Stirling, but you do not. We do not hold hearing unless Owners fail to comply with our requests in the first warning or "courtesy" letter. As others have advised, learn your state laws on this topic.

Our HOA:
1. (For 1st violation) Courtesy letter similar to Brad's sample.

2.* If the Owner doesn't cure the violation, s/he gets a letter calling them to a hearing at which time a fine of xx may be assessed. We directors meet in executive session with the alleged violator. (Most fines are $50, e.g., failure to clean up car fluid leaks in underground garage parking space.)

3. Owner leaves the meeting and we decide whether to fine; sometimes we levy the fine, but suspend it subject to no further violations of that type within 6 months or a year.

4. Send the results by US mail within 10 days of the hearing.

2* Since we're 2 high rise towers, most violations are noise nuisances by partiers on their balconies, so the "courtesy letter" doesn't specify a time by which the violation must be cured. It basically asks them to consider their neighbors, blah, blah, and refrain from the behavior in the future. If they have another incident within 6 months, they are called to hearing. Other violations, oil leaks, bikes stored on balconies, are given 2 weeks to cure.