GlenM4 (Tennessee)
Posts: 141
Posts: 141
Posted:
What is the best way to deliver a violation? will hand delivered stand up in court?
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Violation Mailed or Handdelivered
Started by GlenM4 • 5 replies • 656 views
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DouglasM6 (Arizona)
Posts: 724
Posts: 724
Posted:
NO. If you're anticipating this going to court, use certified mail.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
glen
Typically the first step is a polite notice of the violation, asking and hoping they will clear it up. Do not be threatening and create an issue from the get go. Be polite.
You might add a CC (seen on the letter) to your associations attorney as a polite "slap".
Usually an amount of time is allowed before you escalate the issue with threats of fines, liens, credit reporting, foreclosure, etc.
If they do not clear the violation and you need to pursue additional action, it then becomes time for Certified letters.
Typically the first step is a polite notice of the violation, asking and hoping they will clear it up. Do not be threatening and create an issue from the get go. Be polite.
You might add a CC (seen on the letter) to your associations attorney as a polite "slap".
Usually an amount of time is allowed before you escalate the issue with threats of fines, liens, credit reporting, foreclosure, etc.
If they do not clear the violation and you need to pursue additional action, it then becomes time for Certified letters.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
We sent a notice out with the direct quote from the rule they are violating. The letter would have a time line when to fix it or to come see the board to explain. It would include the options of punishment we can inflict if not corrected as well. Which could be a fine, loss of use of pool/clubhouse, or we fix it with sending the bill to the owner to pay.
If it gets to the point where we may have to pursue court action, then we escalate to a certified letter on Atleast the next notification after the 1st. Keep in mind, if they threaten to sue the HOA, it's best the HOA just file a counter-suit if they ever do follow through with a lawsuit. A counter-suit is less expensive and doesn't necessarily require a lawyer.
Normally everyone fixes the issue if you quote what the violation is. Most respond they may not had a copy of the rules. Ignorance doesn't forgive the violation. It's just a chance to educate those they are in a HOA and where to find those rules.
If it gets to the point where we may have to pursue court action, then we escalate to a certified letter on Atleast the next notification after the 1st. Keep in mind, if they threaten to sue the HOA, it's best the HOA just file a counter-suit if they ever do follow through with a lawsuit. A counter-suit is less expensive and doesn't necessarily require a lawyer.
Normally everyone fixes the issue if you quote what the violation is. Most respond they may not had a copy of the rules. Ignorance doesn't forgive the violation. It's just a chance to educate those they are in a HOA and where to find those rules.
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Glen,
We utilize a three notice method.
Informal warning - written, typically attached to door
Formal warning - written mailed 1st class (30 days to correct)
Hearing - written, sent via certified & first class mail (because certified isn't always picked up)
We utilize a three notice method.
Informal warning - written, typically attached to door
Formal warning - written mailed 1st class (30 days to correct)
Hearing - written, sent via certified & first class mail (because certified isn't always picked up)
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 04/26/2018 4:16 PM
Glen,
We utilize a three notice method.
Informal warning - written, typically attached to door
Formal warning - written mailed 1st class (30 days to correct)
Hearing - written, sent via certified & first class mail (because certified isn't always picked up)
Glen,
We utilize a three notice method.
Informal warning - written, typically attached to door
Formal warning - written mailed 1st class (30 days to correct)
Hearing - written, sent via certified & first class mail (because certified isn't always picked up)
Same as Tim ... Give a homeowner a chance to correct without coming across as total threatening. We also as the informal and formal would send to any noted email address as previously provided. That email will have a date and time stamp of when sent
. Then for the hearing send via all avenues available so there is no excuse! 🎯 You've read this entire discussion
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