Covenant Violation Documentation

I live in a new community with very little covenant enforcement. Can someone tell me the best way for the CC to document violations? What kind of "proof" do we need for violations such as: failure to pickup after pets, failure to use a trash can, illegal parking, etc. Thanks for your advice.

Hi Kelly:

Failure to pick up after pets is one of the most pervasive issues I've encountered. Our community has installed "Mutt Mitt" dispensers in convenient areas of the community, and responsible pet owners use them. Unfortunately, there are many irresponsible pet owners who do not. Unless someone can document the problem as it happens, it is almost impossible to enforce. Even when an owner confronts a pet owner, the irresponsible ones either deny that they let their pet "do" it, or curse at the homeowner, etc.

If you have a newsletter, you might be able to educate those who will read it; it's never a bad thing to at least try to communicate to the owners in a general way; at the very least, you can later show them the newsletter that was sent out once they've received a violation letter...

If you have private streets, it's possible to sign a towing contract with a towing company; however, I would recommend that you require photographic evidence from the tow company on every tow, and possibly require a contact from them to get authorization to tow. This will mean some late-night calls, but it quickly gets the message across that the HOA is serious.

It's never bad to take along a digital camera to document problems.

J. Patrick Moore, CMCA

Kelly,

J. Pat left it to the last sentence - take a digital photo and insert it into the violation letter - really cuts down on the "I didn't do it" argument, and is good evidence if it blows up and ends up in court.

Joe

I use a digital camera to document visual violations to restrictions. I prefer a digital camera because it is more functional. The pictures can be attached to emails and my printing costs are less.

With "printable film" it is much easier and more accurate to establish DATE/TIME of the picture or event. A digital camera the "time stamp" can be changed or altered. It's harder to tell the timeline with a digital camera even if the individual is holding a newspaper with the day's date on it.
If your going to court with pictures, you want to take the pictures to the developer ASAP and keep the receipt. Also on the back of each picture, there should be the date of development on each one. That holds more "proof" the photos are accurate to the timeline in question.
I keep a disposable camera in my vehicles in cases of car accidents. I was able to take pictures right after my accident BEFORE the cop moved the vehicles. That way I was able to prove where the vehicles were when they hit. The last accident I witness I told the person to atleast use their cell phone camera to take pictures while waiting on the police to arrive.