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MindyR (North Carolina)
Posts: 47
Posted:
Wondering if anyone had an example of a letter used as a warning of a violation? Homeowners have recieved a timeline along with another copy of the cc&r's asking everyone to review the rules and fix any violations. After a certain date, a warning will be sent. If the violation is still not in complience, fee's will then start to be given.

Thanks!
HaroldS1 (Arizona)
Posts: 314
Posted:
Just a warning letter and then fees begin? How long do they have to comply? No hearing? What happened to due process? Even alleged criminals are given due process. Does your state statues address this issue (Arizona does).
This has been discussed frequently. Do a search for past threads. Harold
JerryC2 (Oregon)
Posts: 3
Posted:
Proper and polite procedure says to send a "friendly" letter or note - along the lines of, "Hi. While walking around our neighborhood I noticed that you (whatever the violation was) and wondered if you were aware that this is a violation of the HOA rules. Could you please get this corrected right away?"
Often, that is all that is needed. If no results are achieved from this letter, then send a notice of violation. Explain the procedure for requesting a hearing (or whatever term you use) and give a timeline for compliance. Usually, this will resolve the problem. If not, then the third notice of the issue goes out specifying what the penalty is and stating a date and time for them to respond and request a hearing so they can explain their side of the issue.
Remember that there are times when the HOA might actually be wrong and just don't realize it until they listen to the homeowner's opinions.
MindyR (North Carolina)
Posts: 47
Posted:
Thanks for the advice!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Our first letter is usually a "reminder," however we do ask for specific resolution. Usually it's "on receipt of this notice" or "5 days from date of this reminder" or something like that.

The second opens with "On XXXX date we sent you a reminder regarding XXXX. As of today's date we notice that the situation has not been corrected. Please consider this a second notice to correct (whatever the infraction was). As we would prefer not to expend association funds to resolve this matter, your cooperation is appreciated."

The third letter is usually a request for compliance from the attorney. Most all violations get resolved by that point.

Here is sample of first letter:

Re: Basketball goal placement: 5XXX XXXXXX Blvd

Dear XXXX XXXX:

We have received notification that you have on occasion placed a basketball goal against the street edge of your driveway. We would like to remind you of the XXXX XXXX Deed Covenants, Conditions and Restrictions concerning the placement of basketball goals in XXXX XXX and respectfully request that you cease placing the basketball goal against the edge of the driveway or at any position between the street and the sidewalk.

Article II, Section 5. Clothes Lines; Fences and Walls; Tennis Courts; Swimming Poole; Antennae and Receivers/Transmitters; Sports Equipment; Garbage Cans.

(h) No basketball goal or backboard, permanent or temporary, or any other type of sports equipment of a similar nature, shall be placed past the sidewalk or in to the right of way or street.

We all agreed to abide by the deed covenants associated with XXXX XX when we purchased our homes. Our duty as the board of directors is to notify residents when a problem exists.

Often we find that the resident is unaware that he or she has violated a deed restriction and, once notified, corrects the situation immediately.

However, if corrective action immediately upon receipt of this notice to cease placing a basketball goal at the end of your driveway and place it in accordance with the above, the board must then begin legal action to enforce the rules and covenants. As we would prefer not to expend association dues to resolve this matter, your cooperation would be appreciated. Please call XXX XXXX, XXXX XXX Board President at XXX-XXXX if you have any questions regarding this letter.

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