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MindyR (North Carolina)
Posts: 47
Posted:
The board is developing a policy for how they are handling violations to the cc&r's. Do we have to offer an appeal process??

We are only in the draft process and are in need of advice.

At this time, in short form:
1.Courtesy conversation, only if the board feels it will be effective.
2. Written warning, first class usps mail. 30 days to comply.
3. 2nd warning, certified usps. 30 days to comply and a $50.00 fine.
4. If not compliant within 30 days will turn over to an attorney.

Any comments to add or change, or advice is greatly appreciated!

Thanks
DJ1 (Ontario)
Posts: 798
Posted:
Whatever the policy it should be applied equally imo.

If you intend to offer a courtesy conversation you should do it for ALL. Otherwise you are already introducing a bias at the start of the process that could lead to problems. It is 'subjective' to offer it only when the Board 'feels' it will be effective.
RogerB (Colorado)
Posts: 5,067
Posted:
Mindy, I think 30 days is way too long for most violations. Also, the owner should have the right to a Hearing prior to any fine being levied. Also, you want to seached and read previous threads on this subject.
MindyR (North Carolina)
Posts: 47
Posted:
Thanks for the comments, you both make great points.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
MindyR: I'm not sure ALL PARTIES would define a 'courtesy conversation' in the same way. So, to avoid problems at the outset, I would not suggest including point #1, as stated above

What do your official docs state re a process for enforcing violations? Refer also to your state's Planned Community Act, or Condo Act for info.
It's good to know what the state requires should the violation ever escalate with possible court action.
JeanneK3 (Maryland)
Posts: 562
Posted:
In Maryland the right to a hearing is law. I would spell out how a hearing works in the first warning letter.

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