HOA VIOLATIONS PROCESS

Yes.

You should have some kind of policy in effect that is clear and unambiguous. It should specify what the community standards are and what the steps are when a violation of the CC&R's or Architectural Control Policy is noted.

Our community has removed the authority from the management company to cite for violations of our rules, and the authority is now vested solely in a committee of volunteers who perform a monthly drive noting infractions. The addresses are then provided to the management company which sends out the violation notice. We fully advised our membership so that they could be assured that if they get a notice of violation it was approved by their peers and not the management company.

Yes, LV. In a clear, concise newsletter article or letter to all Owners, spell out how--the process by which-- your HOA enforces the rules. In your case it's via the MC. Let them know each step, for example: 1. Warning ("courtesy") letter 2. 2nd letter, call to hearing to discuss violation with the board in executive session. 3. Board decision in writing within 10 days of the hearing.

The above's sort of ours and the steps to enforcement are in our Rules & Regulations and are partially determined by CA Civil Code.

But do you know for a fact the violation was not reported to the management company by a resident?

Does the management company actually patrol the neighborhood?

TIM, your thoughts on not allowing anonymous complaints?

We'd take anonymous complaints, but haven't had one. If we did, we would verify the complaint via our mgmt. staff or directors. No Owner gets a courtesy letter unless the complaint is confirmed by a by a neutral party.

I agree. However, not allowing such an avenue gets a lot of opinions from others.
We do require written complaints (email being fine) as this requirement, in my opinion, stops the phone calls.


Here is what we have (yes, legalize) and it badly needs reworded - something I've wanted to do but haven't had the time:

Section A: Actions Prior to Initiation of Formal Special Resolutions Process. Any Member, Tenant, officer, or management agent of the Association has the authority to request that a Member or Tenant cease or correct any act or omission which appears to be in violation of the aforementioned documents. Such informal requests should be made before the formal process is initiated.

Other than alleged covenant violations or alleged violations of the Design Guidelines, disputes between owners regarding activities within the private lots or living units or the appurtenant common areas, the Association will generally not become involved in the disputes or act on a complaint unless two or more persons have complained in writing.

Section B: Written Complaint. If the actions described in Section A prove unsuccessful, the Enforcement Procedures shall be initiated upon the filing of a written complaint by any Member, tenant, officer, director or management agent of the Association (the Complainant) with a Board member or, if any, the Managing Agent who shall forward the Complaint to the Architectural Control Committee. The complaint shall include a written statement of charges which shall set forth in clear and concise language the acts or omissions with which the offending party (the Respondent) is charged, to the end that the Respondent will be able to prepare a defense. The complaint shall specify the specific provisions of the Governing Documents which the respondent is alleged to have violated and shall contain supporting facts. The complaint must be as specific as possible as to times, dates, places and persons involved

It goes on about the process which, due the legalize, is very confusing and long winded.

Regardless of how we receive a complaint, it is considered/investigated by a BOD Member. If the complaint is valid and one we consider within our jurisdiction, the BOD notify's the management company and they send a violation warning notice. Somebody has to play the "heavy" in the complaint process and our MC accepts that as part of their duties.

Quite often complaints are not always under the jurisdiction of a BOD and in those cases we ignore them until someone presses the issue (rarely) and we inform them so.

Board Secretary.

Are they Legally required to act on a violation they are aware of? I doubt they are legally bound to do so. Should they is the real question.

20 detached single family homes on lots that are all larger than 1.25 acres.

How can we "grandfather" the two larger buildings in if they were built after the covenants were created and files?

I suppose I can give them Variances and deny future requests and hope no body takes legal action.

Our Board will enforce the rules. I just want a complaint files by someone other than a board member first. Of course a board member can file a complaint but the board we have right now is a great group. They really believe in letting people live their lives.

My reply was to the notion of Grandfathering in general. By definition, the covenant would have to be written after the buildings were built to make Grandfathering even possible. I've read most of the docs and have not seen it. I don't intend to use it.



The Board can vote to change the bylaws if needed. I'll keep that in mind. Thank you.


It is a covenant.

I'm going with #2 and #4.

We don't have apathy in the HOA anymore. We always get 80% of the lots at meetings. We just don't get people that want to be on the board. I strongly believe the board we have now will be in place for years and years. As long as we are fair, we should be fine. I always try to picture myself standing in front of a judge explaining our decisions. It makes it easier to stay fair and unbiased.

The buildings are not huge. Maybe out of compliance by a couple feet in each direction.

With Tim, a lower level document, e.g., the bylaws may not contradict the convenants.

Thanks for the replies. I'll look at the covenants again.