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CarolT4 (Texas)
Posts: 2
Posted:
I currently serve on the Board of Directors of an HOA for a small community with 90 homes. One of the property owners has built a fence 2 feet higher than the allowed privacy fence. They have been told verbally that it must be corrected. We plan to send a registered letter notifying them of the violation and providing a deadline to correct the issue. Does anyone have a sample of a letter that might meet our needs?

Thanks in advance,
CT.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
No exact sample but some advice on what should be included. You should always include a reference to your CC&R's and the rule in violation. In addition, reference the part of if they do not remove/correct the violation the HOA can do it and send them the bill. That bill if not paid can turn into a lien. A lien which will also include the cost the HOA paid in legal and removal/corrections.

That will usually get their attention. Just make sure to always always quote from your rules when you write violation notices. Understand that your HOA may not be able to fine or have fines be part of liens/foreclosures. A HOA may have the right to lien but have to have a definition/schedule of fines in place.

Former HOA President
RogerB (Colorado)
Posts: 5,067
Posted:
Carol,
I presume your Covenants require Architectural approval prior to installing the fence. So if they did not get that approval the letter needs to advise them of their failure to get approval, the procedures required for approval, and give them the restriction on height and any other requirements. However, it the Architectural committee did approve the current height there is no violation.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Carol,

I'm currently away from my files, otherwise I would provide you a sample letter. Everyone has given great advice. I would add that we like to include photo/s of the violation. This way, everyone is aware of what is being discussed.
CarolT4 (Texas)
Posts: 2
Posted:
Thanks to all for the great advice. Since I posted my initial question, the property owner has made a formal request, (for work that has already been done) We will reply to that request and your comments have helped me a great deal. The issue is an 8 foot privacy fence where 6 feet is the height required by our CCRs.

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