Example of Violation letter

Started by DouglasM6 • 6 replies • 4506 views

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DouglasM6 (Arizona)
Posts: 724

Posted:

Does anyone have a violation letter they can send me? I need to send some out and as far as I can tell it's never been done before. I'll modify it to make it our own, just need a starting point.

I'll post my email if anyone has one they'll send.
Thanks.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Do not have an exact sample because each HOA is different. However, will suggest this: Whenever you write a violation letter ALWAYS included the EXACT wording and paragraph/location in the CC&R's/By-laws they are violating. The CC&R's are PUBLIC documents and they should have a copy. The by-laws are the HOA's. So if they want to claim "I don't have a copy" then you can point this out to them. Former owners in many states are required to hand over these documents to new owners.

Also include a time line in which they have to correct/reply. Will it be 10 days before action is taken? Make sure to have a time line established. Another thing is what options they have to appeal the decision. Who is the final say and when do they need to meet to discuss?

Now as far as the "punishment" that is different for each HOA. Some HOA's have a fining schedule and ability to fine. Other's not so much. Our HOA we did not fine. Instead we let the person know if they did not fix the violation, we would at our expense correct the violation. If they did not pay that bill, then we would lien them for that amount. They would have no say on the contractor or the expense of hiring.

I also stamped ours with our corporate seal since we did not have a letterhead. It also made it "official". Found most people responded once they saw actual quotes from the rules. It usually exposed the fact they did not have a copy, did not know they were in a HOA, or they are doing something out of "protest".

Former HOA President

RichardP13 (California)
Posts: 3,868

Posted:

Here is a link to a number of letters, https://www.google.com/search?q=HOA+violation+letters&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwjE1PDGpufWAhXriVQKHbhXCOwQ7AkIOQ&biw=1600&bih=769#imgrc=_

As a management company I have 12 basic letter done with 5 different stages of correction, or a total of 60. Those 60 then need to be customized for each of the HOA's I manage, with the specific language from the CCRs, Rules and Regulations and fining schedule.

In California, we cannot lien for a violation of the rules or CCRs, outside not paying your assessments, nor do I believe any state should be allowed to do so as the violation, many times is SUBJECTIVE.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Douglas,

Regardless of what letter you use, I encourage you to use photos as well.
This shows the owner exactly what the Association is concerned about and can minimize the clarifications needed.

We use photos all the time and it helps a lot.

DouglasM6 (Arizona)
Posts: 724

Posted:

Thanks for the replies. I'll look at the link and see if there's something We can use.

It's not going to be real tough. They already know they are in violation. The past boards have been relaxed and so have I. LOL.

DouglasM6 (Arizona)
Posts: 724

Posted:

Using that link I found this site. Very helpful.

https://gogladly.com/hoa-violation-letter-template/

GuyM1 (Ohio)
Posts: 318

Posted:

Your state laws will give you how you should go about it in case you need to go further. In Ohio it sets the procedure for bylaw violations.

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