BillyC3 (Kansas)
Posts: 40
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?
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?