Violation Letter

Hello,
I am new to this forum and just need to know what are the rules in California as far as violation fees. We have a "problem child" that refuses to store his boat. We sent him a letter and also reminded him verbally. He reacted with "I don't give a f#&* about the Association Rules. It is outlined in the CCR's that boats and RV's are to be stored in a enclosed garage. Does anyone in California know the rules as to the fees we can assign? He has even gone so far as to retalitate against one of the Board Members by parking his vehicle in front of his house overnite, also a violation. Is there a maximum we can charge him and can we put a lien against his house if it comes to that? We are a new association and this is the first "problem child" we had to deal with.
Thanks for your input.
AngieP

Angie,
Your Rules and Regulations need to have a "Fine Schedule". Download the Davis-Sterling Act of California it has all the info you need. It will be your Bible..
Larry

The CC&Rs in my HOA do not specify any fines, but they do give us the right to "Perform such acts whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration." In general, our procedure is:

1) When the violation is first noticed, a "Reminder" letter is sent to the owner of record pointing out the violation (including the section of the CC&Rs that is being violated) and requesting compliance or some communication from the homeowner.

2) If the violation is not corrected after about 2-4 weeks (depending on the severity of the violation) and there has been no communication from the homeowner, we have the management company send a "Demand" letter demanding that the violation be corrected within 15 days. The management company charges a $20 administrative fee for this letter, and this fee is assessed to the homeowner.

3) After 15 days if the problem still is not corrected, the matter is turned over to the attorney, who will start with a stronger demand letter and notice of intent to sue. In addition the attorney fees (about $200) are assessed to the homeowner.

4) After another 15 days, the attorney will file suit. Again any and all costs are assessed to the homeowner.

At any step in the process we will halt everything if the homeowner contacts us and works out a plan to correct the violation. Our goal isn't to "punish" people with fines, but to ensure compliance with the CC&Rs that everybody agreed to when they purchased their home. Unfortunately sometimes there are costs associated with getting that compliance, and those costs have to be passed on to the person who is in violation.

So far most people have resolved the problems or communicated with us about their situation by step 2. We've only had to go to step 3 twice, and never to step 4.

Thank you all for your input. Does anyone have a sample letter they could send me of their Fine Schedules,(Ca). We agreed we need to put one in to place but being new to the HOA we haven't a clue where to start. Do we need a lawyer to have this done?
Thanks ever so much.
Angie

That's the kind of letter my board writes. It just makes people angry and doesn't promote cooperation.
JAne

You miss my point. I’m talking about the best way to convince members to follow the rules. In order to get homeowners to cooperate rather than making them angry is to send a violation letter that is ‘kinder and gentler.’ I don’t know what the first letter you sent said. It sounds like you need to adopt a fine policy. Attached is another example of a fine policy.

The person you are talking about probably needs a good kick at this point. In addition to the sections of Davis-Stirling Dane has posted you may want to check these also.
Jane

Civil Code §1363(g) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the governing documents or rules of the association, including any monetary penalty relating to the activities of a guest or invitee of a member, the board of directors shall adopt and distribute to each member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents. The board of directors shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule that was adopted and distributed to the members pursuant to this subdivision.

Civil Code §1363(h); When the board of directors is to meet to consider or impose discipline upon a member, the board shall notify the member in writing, by either personal delivery or first-class mail, at least 10 days prior to the meeting. The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined, and a statement that the member has a right to attend and may address the board at the meeting. The board of directors of the association shall meet in executive session if requested by the member being disciplined. If the board imposes discipline on a member, the board shall provide the member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a member unless the board fulfills the requirements of this subdivision

Jane, if you were refering to my attachment it was not a violation notice. It is an example of Rules which are established and sent to all owners prior to sending any violation notice.


Following is an example of Rules and Regulations on Enforcement of Covenants and Rules. We first send an Information Notice to make a potential violator aware of the restriction they may be violating. If not corrected a Violation Notice is sent.

Rules and Regulations on Enforcement of Covenants and Rules

In order to maintain property values, safety, and quality of life the Association enforces restrictions itemized in the Declaration (Covenants), Bylaws, and the Rules and Regulations (sometimes called Policies and Procedures). This may be referred to as Covenant enforcement, or Covenant control, or Covenant compliance.

The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. A Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation.

To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision.

When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs. After correction, if the same violation occurs again within 12 month, after the right to a Hearing, if the violation is upheld the fine amount shall be double the last fine amount assessed.

Jane:
I don't think an association should have to promote cooperation, how about just a little
compliance with the Rules/Regulations by the homeowners?
These folks are grown adults, and as such, are responsible for their actions. Sounds like this character feels he is above the rules.
I agree with one of the other posts. If you don't want to abide by the rules, then maybe you should not buy into an HOA. The rules are for the betterment of the entire community, and political correctness does not fit into the enforcement of the guidelines.
In our community, if you break a rule, you are warned, then warned again. (Twice) Then you are called to a hearing before the board. Fail to show, and we find you guilty of the infraction we are addressing. A $25.00 fine is immediate. Assessed against your account.
The second fine is $50.00, then $75.00, $100.00 then $250.00. Don't pay, we put a lien against your property. We have never had to go past the $50.00 fine before the management company was contacted to ask that we NOT fine them anymore.

Jim

Judy:

I respect no one's comments on this board, as much as through submitted by Roger.
Roger, supplied her with where to go for documentation to be used by their HOA.
Those documents are going to read on, and on about the homeowners obligations to be FOLLOWED.
Reading her first post, and subsequent ones I derive that this homeowner has the attitude (which he made pretty clear) that he just does not care about their rules.
My position is, he had to have thought about the consequences before they informed him of the rules, so in that case I would make a clear point by fining him.
Do you really believe if they invited him out to Tea, he would begin to abide by the rules/regulations?
Political correctness in the country has run a muck. (No I won't move out of the country because I don't like the way things go down, but I will abide by the rules)
There are always a few bad ones in the barrel, and absolutely if he does not want to abide by the HOA's guidelines, he should clearly move. Was he also one of those that while signing on the doted line, he forgot to read the part on OBLIGATIONS OF HIS OWN TO THE COMMUNITY?
Cooperation is a two way street.
Reading your post, I sense your trying to accuse the accuser, by asking the board to "communicate". Did you read her first post clearly, where he told them what he thought about their rules.?

Jim

What is the procedure in Florida for a HOA to follow regarding late maintenance fees?