Received 2 violation letters within 2 days for same thing...

Started by JeremyM3 • 10 replies • 1378 views

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JeremyM3 (North Carolina)
Posts: 122

Posted:

Can the HOA do this?

The first violation letter was dated June 12th
The second violation letter was dated June 13th and labeled final notice.

They mailed out the final notice letter before the first notice was even received by myself.

SheliaH (Indiana)
Posts: 6,964

Posted:

Did you contact the board or the property manager noting the dates you received the letter? If so, what did they say?Sometimes, there are glitches in the system (mistakes do happen, you know). Perhaps your final notice was meant for someone else or - had ou received a letter about this, say, 3 or 5 months ago? That final notice may have been related to that letter - if so, why haven't you addressed it before now?

Meanwhile, there's a violation that you need to address, so if you really are in violation, fix it and send documentation of the same to the board. If not, your association should have some sort of appeals process - use it to make your case and starting now, keep a record of who you contact and when regarding this issue, along with copies of any letters or emails you send. Hopefully, this is something that can be resolved relatively quickly, but if not, you'll have a paper trail already prepared if you need to go further.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By JeremyM3 on 06/19/2017 1:01 PM

Can the HOA do this?

It appears that they can.

Should they have done it? No.

Three things:

1) As others have said, contact the Board and explain the issue (the dates on the letters help - have copies for the Board)

2) If you have a violation, fix it or make arrangements to and let the MC/Board know.

3) Review your Assocaitions enforcement policy to see what should have happened.

KerryL1 (California)
Posts: 14,550

Posted:

I'm with Sheila & Tim, Jeremy. Plus, maybe, chill....

DouglasM6 (Arizona)
Posts: 724

Posted:

Sounds again like they are enforcing the rules. Become compliant, then get involved!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JeremyM3 on 06/19/2017 1:01 PM
Can the HOA do this?

The first violation letter was dated June 12th
The second violation letter was dated June 13th and labeled final notice.

They mailed out the final notice letter before the first notice was even received by myself.

Are you in violation? If yes, stop shopping for answers you want to hear and correct the violation as it will probably be the cheapest and least aggravating thing to do.

DouglasM6 (Arizona)
Posts: 724

Posted:

Jeremy- There are two sayings that seem to fit in your circumstance. 1) you poked the bear, and 2) you invited the bear into your camp. Neither of these are good scenarios.

Have you met with the board face to face? You have a right to stand before them and be heard. I suggest you do this.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Is not Jeremy the one who complained about the BOD not enforcing the rules?

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By JohnC46 on 06/19/2017 4:45 PM
Is not Jeremy the one who complained about the BOD not enforcing the rules?

I believe it was, and my posts are based on that. If I'm wrong, then there's mud on my face!

NigelB (Texas)
Posts: 254

Posted:

Quote:

Yes they can, But............

It might just be a simple error on the part of the management company.

Our contract with our management company calls for one (1) inspection per month. We a couple of us were elected to the board, we noted that the previous board had delegated the responsibility for inspections, issuance of notices, and enforcement actions on deed restriction to the management company.

Our management company is one of the largest in the US and manages multiple associations, because of this they have a "one size fits all" type of deed restriction inspection - which did not fit our association (we have no parking restriction, yet the mgmt co would cite for parking on public streets). Additionally, some of these management companies have a high turnover with assigned property managers.

We totally eliminated the management companies responsibility for inspections which is now vested in a volunteer committee. The committee notes violations and then has the mgmt company issue the notices.

Prior to our taking over of the process our members were experiencing the same kind of problems with getting notices - now they can be assured that a committee of their peers have reviewed any violation prior to a mail out

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our MC would charge more if they were doing inspections so we opted to have BOD Members do any inspections but they are very passive. We mainly rely on fellow owners sending an Email to an account that our BOD monitors. The BOD will then followup on the complaint and if they find it to be warranted, they will notify the MC who will then send out a violation notice.

First notice informs the owner of the violation and basically says fines will follow if not corrected. The MC leaves it up to the BOD to followup and see if the violation is corrected. If not, the MC sends out a fining letter. We do not have a time frame from notice to fining as one size does not fit all. Some violations we want fixed yesterday, so the fine letter could follow immediately though rarely does it happen that fast.

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