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BrianM3 (California)
Posts: 2
Posted:
I am trying to find out the excepted length of time to allow for a cure date?

for instance if you had a owner or renter storing household goods in a parking
area, in violation of your rules and regs. How long would you have to give to
cure the violation before taking the next step? Be it either a fine or hearing?

Brian
BradP (Kansas)
Posts: 2,640
Posted:
Brian:

Should be spelled out in your documents, and also may depend on the violation. 15 days is in ours.
HaroldS1 (Arizona)
Posts: 314
Posted:
State law may also define due process, and state law will trump your documents. Harold
DaneC (California)
Posts: 210
Posted:
You cannot cite a renter, since they do not belong to the Association - you have to cite the unit owner.
Jadedone4 (Virginia)
Posts: 495
Posted:
BrianM3, as noted by posters the answer should be in your documents. That can be either your rules/regulations/resolutions, or your CC&R's, Bylaws, etc. I made the distinction because just about every community is set up differently.

Look to your rules/regulations/resolutions for the "cure period" (24/48/72hrs, 30/60/90 days, etc) for the owner of the unit to address the situation. Then also look to your CC&R's for "due process" requirements (which should be strictly aligned with your local/state codes/laws). This may entitle the unit owner to a cure period, a hearing, or some other type of response (address at next board meeting, a letter explaining, etc).

If your documents do not address the above, start with your local/state codes/laws for rights of owners in an association environment, and work from there to draft as appropriate. Also you can seek assistance from your management company, other communities near you, or other local resources (legal counsel, chapter of CAI in your area, or any other community living organization - sometimes local/state municipalities have agencies).
JM2 (Oregon)
Posts: 439
Posted:
Hi Brian:

Check your state laws, documents, etc....then look at your current enforcement resolution (if you have one).

You can check out one in Oregon at www.fhhoa.com > Documents tab > governing docs > Policy Resolution #3.

J. Patrick Moore, CMCA

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