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DavidW14 (Florida)
Posts: 8
Posted:
Our Declaration states:
"Whenever notices are required to be given hereunder, the same shall be sent to the Owners by regular mail at the address of the Unit situated upon the Lot, except that any notice of a violation of the terms of this Declaration shall be sent Certified Mail or Certified Mail, Return Receipt Requested."

Yeah, it sucks that we have to send violation notices certified. We are trying to get this changed, but we rarely get enough homeowner votes to change the Documents. So the Board has decided that the letter below is really a "courtesy" letter and not a violation notice.

"Dear Homeowner:
This is a courtesy letter reminding you of the following:

Reported problem Suggested remedy
Lawn Maintenance Mow, edge, weed regularly
Water, fertilize as required

To avoid potential future notices or special assessments, we request that you correct the problem within 30 days."

The way it is set up, the Violations Committee (VC) patrols and sends out this "courtesy" letter First Class Mail. Then, upon re-inspection, if the purported violation has not been corrected, a violation letter is sent certified. The Board does not consider it a violation until a re-inspection has occurred.

But to me, if the VC sees a violation and sends a notice, it must be sent certified. The thought that the VC sees a violation but it is not really considered a violation until some future re-inspection is absurd. I contend that the "courtesy" letter is really a violation notice and should be sent certified. The Board is trying to save money, I get that.

I know I may seem anal on this, but we are having a real problem in that the Board is trying to pick and choose which parts of the Association Documents they want to follow. It is happening with a lot of parts of the Documents, not just this part. They are also interpreting the Association Documents they way they want. This calling a violation letter a "courtesy" letter is just one example. Our Association is a complete mess.

I know some of you will respond with "how much do you really want to pursue this?" But that is not the issue. How are we supposed to hold the Board to the Association Documents in some areas but say you can ignore the ones you do not like?
MikeS1
Posts: 668
Posted:
In which state do you reside?
DavidW14 (Florida)
Posts: 8
Posted:
Florida
MichelleL (Florida)
Posts: 16
Posted:
Hi David,

Same thing happening in New Port Richey. Our Board is community run with no management company. We have a guy on the Board who wants to focus on complains that deal with the immediate health and saftey of the community.
No such thing!!

I have always pushed for certified return receipt letters. They are a legal paper trail. Our lawyer told us that we must at least attempt to send it out that way although some residents refuse to sign and if we send out a 1st class letter that does not get returned it is considered to be delivered legally.

We adopted this as policy-our documents do not specifiy anything-and now this Board member wants to send out "reminder" letters. We've spent two years educating the community what they should and shouldn't do and they still don't do it.

I'm all for the certifed letters. This is a business-albeit a non-profit one-and violations should be treated as serious offenses.

Good luck! I know I need it, too!

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Enforcing the rules is VERY difficult in a HOA. What's one person's art is another one's trash. I don't believe there will ever be a way for a HOA to EQUALLY notify members of violations. The violations are subjective and are constantly occurring. You put one fire out and another one starts somewhere else. Most of the time someone stating "While I saw so-so do this... so I can do it too".
All you can do is the best that you can. I include direct quotes from the by-laws or CC&R's that they are in direct violation. This allows them to either look it up themselves or to review the documents looking for ways out of it. Either way, you have the member recognizing the rules. Provide a time and place for violators to discuss the issue like a board meeting if they so desire.
I will warn you this: What you consider a "courtesy letter" may translate to "harrassment" to some people. I see it in posts all the time from various HOA websites. They get a notice from their HOA and suddenly it's "harrassment". It's not harrassment, it's the duty of the HOA to send letters out. No one wants to be told they are doing wrong. So be careful when sending the letters out. Your going to get the irrational response (I am going to sue...). Just make sure the letters are professional, refer to the right document references, and are traceable. The expense of a registered letter is expensive. However, I would use the registered mail method ONLY when it is no longer a "courtesy letter" but a true notice of action. That may help relieve the pressure if someone does get a letter and thinks it's "harrassment" and NOT a courtesy notice.

Former HOA President
PaulM (Pennsylvania)
Posts: 1,347
Posted:
David:
The most difficult task of any Board of an HOA is to enforce violations against the covenant docs. You don't want to show partiality but you want to be fair to all; you don't want to be the one with the heavy hammer approach and come off as the 'truant officer' but your responsibility is to enforce to maintain the integrity of the community as the documents dictate. So, the truth is you must enforce, but the difference is in how to do it with respect and fairness.

When sending the 'first letter' of "Notice of Violation" (not a courtesy letter) to the violator, I would suggest the Violations Committee---include a photo of their violation, change the wording in your notice letter to be stronger by stating that the violator, as a community owner, must comply with the covenant docs re ...use wording from covenant. Further, this letter serves to advise that the Violations Committee will expect your compliance within (?) number of days from the date of this letter -- (month, date, year). At this time, a reinspection of the area will occur and if a non-compliance still exists, we will have no choice but to issue a fine in the amount of ($).
If you have questions on the above, please contact the Violations Committee,
(name/phone) to discuss. Thank you.
--------------------------------------------------

This is a suggested use of wording, but you get the picture. IMO, send the 'first' notice letter First Class, and the 'Letter of Violation and Fine'
Certified Mail. The first letter is really advising they are at fault, whether knowingly or unknowingly, and you are giving them a time period to make it right. If they have a problem with it, or perhaps their situation is such they would need a 'variance', they have only to contact you, and at least go on record with the Committee/Board that they are aware and are working with you to make it right.

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