KP3 (Texas)
Posts: 124
Posts: 124
Posted:
How do you deal with folks that do improvements without submitting an ACC?
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ACC non submission
Started by KP3 • 5 replies • 796 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
We stop and notify them immediately of the violation. Reference the exact rule/document they are violating. Remind everyone to ask PERMISSION than FORGIVENESS. If it's just a procedural thing and the improvement is okay, then we just warn them next time ASK first.
Now if the improvement wasn't approved then we are a bit more aggressive. We let them know that it's a violation and we have the power to remove it at the owner's expense. Meaning the HOA can pay a contractor to remove the violation and send the owner the bill. If they do not pay that bill, then we can place a lien for that amount.
Now if the improvement wasn't approved then we are a bit more aggressive. We let them know that it's a violation and we have the power to remove it at the owner's expense. Meaning the HOA can pay a contractor to remove the violation and send the owner the bill. If they do not pay that bill, then we can place a lien for that amount.
Former HOA President
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Quote:
Posted By MelissaP1 on 03/25/2018 5:10 PM
We stop and notify them immediately of the violation. Reference the exact rule/document they are violating. Remind everyone to ask PERMISSION than FORGIVENESS. If it's just a procedural thing and the improvement is okay, then we just warn them next time ASK first.
Now if the improvement wasn't approved then we are a bit more aggressive. We let them know that it's a violation and we have the power to remove it at the owner's expense. Meaning the HOA can pay a contractor to remove the violation and send the owner the bill. If they do not pay that bill, then we can place a lien for that amount.
We stop and notify them immediately of the violation. Reference the exact rule/document they are violating. Remind everyone to ask PERMISSION than FORGIVENESS. If it's just a procedural thing and the improvement is okay, then we just warn them next time ASK first.
Now if the improvement wasn't approved then we are a bit more aggressive. We let them know that it's a violation and we have the power to remove it at the owner's expense. Meaning the HOA can pay a contractor to remove the violation and send the owner the bill. If they do not pay that bill, then we can place a lien for that amount.
This particular homeowner asked if they needed permission, was told they did and how to do it but never did and went ahead and did itheir project anyway.
There are others that just may be governing Doc ignorant and/or just don’t care. If it is something that would have been approved, then what? That seems to set the precedence of forgiveness is easier than permission...
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It's about the paperwork and proof of approval. If they sell the home, the HOA could cause a bit of a headache for them.
Former HOA President
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
We have had this happen and have requested that the owner submit an application. In the two cases I'm aware of, one submitted the paperwork, and the other did not. Neither violated the CC&Rs. Our association's only recourse for a violation is taking the violator to court. I think taking someone to court for not getting approval on a structure that would be approved, serves no purpose. If we could issue a fine, I think it would be justified.
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Quote:
Posted By BenA2 on 03/25/2018 7:53 PM
We have had this happen and have requested that the owner submit an application. In the two cases I'm aware of, one submitted the paperwork, and the other did not. Neither violated the CC&Rs. Our association's only recourse for a violation is taking the violator to court. I think taking someone to court for not getting approval on a structure that would be approved, serves no purpose. If we could issue a fine, I think it would be justified.
We have had this happen and have requested that the owner submit an application. In the two cases I'm aware of, one submitted the paperwork, and the other did not. Neither violated the CC&Rs. Our association's only recourse for a violation is taking the violator to court. I think taking someone to court for not getting approval on a structure that would be approved, serves no purpose. If we could issue a fine, I think it would be justified.
We do have a fine schedule in place. But I’m not sure if it’s ignoring the rules or just seeing someone that had approval and assumed it was ok for them to do it as well. And the. You have those that know the process but choose not to follow it for whatever reason. What could we do to make these folks (and others that will follow) understand that this is not the way to go.
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