DavidW14 (Florida)
Posts: 8
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?
"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?