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BillyC3 (Kansas)
Posts: 40
Posted:
I'm secretary of a fairly new HOA board (turnover was at end of 2015). We've issued three official violation notice letters in two years. Each has followed a basic template that:
describes the nature of the violation
cites the covenant from which it stems
states the action we are asking to come into compliance
gives a due date for the actions to be completed
states the fine amounts that will be assessed on what schedule if the due date is missed

We only send these letters after repeated violations where verbal or informal notices are disregarded or have no affect. Still, we feel bad as neighbors for sending them, and the recipients are usually mad about receiving them.

The president and myself have signed them each by hand thus far, but we're wondering if they need to actually be signed at all. I'm unaware of a state law that requires it. And It's definitely not laid out in our governing documents.

Our president thinks that if the letters are sent from "The Board" instead of from specific officers on the board, we as individuals can avoid the ire of the neighbors in violation. It also would make it easier if we didn't have to print and transport the physical paper between our hands to sign it.

I can't disagree on the second part. But I feel like its 'evading accountability' not to sign them as officers. (When you get a speeding ticket, they don't sign it "The Police") And as a homeowner I would expect to know exactly who is writing the letter, and who is standing behind it.

Is there any legal reason that formal violation notices should be signed by specific HOA officers in Kansas?
KerryL1 (California)
Posts: 14,550
Posted:
Can't really help, BillyC, but do want to know if you must follow d some sort of due process as we do in CA HOAs. We, for instance, must invite the Owners to a hearing where they can plead their case. what a bout KS?

Your documents, perhaps your Bylaws might say who's in charge of official communication from your Board. Could be the sec'y? Take it you don't have property mgr.?
PitA
Posts: 1,416
Posted:
use a 'corporate seal'

if you don't have one, GET one



What is a corporate seal?

The official mark or signature of a corporation, typically consisting of an embossed impression on paper, evidencing the formality of the corporation's execution of the document and its intention to be bound thereby. In some jurisdictions a corporate seal may carry more serious consequences than if the document were executed without inclusion of the corporate seal but with the signature of an authorized representative of the corporation instead.



https://www.bing.com/images/search?q=corporate+seal&FORM=HDRSC2

$20-$50
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Billy

Our PM, at the direction of the BOD sends out the violation letters.
BillyC3 (Kansas)
Posts: 40
Posted:
No property manager. We do invite owners to a hearing in the letter. Though we do not send the letter unless we have proof that would stand up in court or their recorded admission of the violation.

Our bylaws don't specify who's in charge of official communication. It depends on what the communication is about or who it's with, but the board has agreed that I will author and transmit violation letters.

They seemed too serious a matter to me to have only one signature when I first sent one. So I had the pres and myself both sign. But this is a nuisance to manage.

I like the idea of a corporate seal. I'll bring that up with the board!

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