💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MindyR
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
Posts: 791
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
Posts: 4,986
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
Posts: 47
Posted:
Thanks for the comments, you both make great points.
PaulM
Posts: 1,325
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
Posts: 556
Posted:
In Maryland the right to a hearing is law. I would spell out how a hearing works in the first warning letter.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here