GlenM4 (Tennessee)
Posts: 141
Posts: 141
Posted:
Does the board vote to determin it is one? Would you then need a meeting or action with out meeting? Is verbal from all directors ok?
How do you go about this?
How do you go about this?
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How to handle Violation
Started by GlenM4 • 11 replies • 903 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Well the board could decide it's a violation per the by-laws, CC&R's, or ACC violation. What we did is once notified, I'd send a letter to the violator with direct quote of the violation they were violating. Say for example: No garbage cans out on Monday. This is in the CC&R's in Paragraph 3 section 2 etc... Quote what actually states. The violator would then have a chance to correct the issue or come address it to the board at our meeting.
The HOA would also have to have a way to enforce the violation. Such as having a fining schedule that labels what is a violation and what the fine rate is for having said violation. In our HOA, we did not fine. Instead we told you to fix it. Refuse to fix it, we would pay someone to correct it. The bill would be sent to the violator to pay. If they refused, then we could file a lien for that money. (Only case outside of unpaid dues one can file a lien).
So it's good to recognize violations. It's just your HOA needs to have an established enforcement definition such as fine or loss of use of common property.
The HOA would also have to have a way to enforce the violation. Such as having a fining schedule that labels what is a violation and what the fine rate is for having said violation. In our HOA, we did not fine. Instead we told you to fix it. Refuse to fix it, we would pay someone to correct it. The bill would be sent to the violator to pay. If they refused, then we could file a lien for that money. (Only case outside of unpaid dues one can file a lien).
So it's good to recognize violations. It's just your HOA needs to have an established enforcement definition such as fine or loss of use of common property.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I think we've advised you many times, Glen, that your Board should make decisions AT meetings. Action without a meeting, should only be used in emergencies. In those cases, there must be unanimous agreement among all directors.
In the cases of owner discipline, at least in CA, the decision to send the alleged violator a letter should be made in a closed meetings, aka executive session.
Your own documents or TN statutes provide guidance on how to deal with violations, hearings, etc
In the cases of owner discipline, at least in CA, the decision to send the alleged violator a letter should be made in a closed meetings, aka executive session.
Your own documents or TN statutes provide guidance on how to deal with violations, hearings, etc
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I think we've advised you many times, Glen, that your Board should make decisions AT meetings. Action without a meeting should only be used in emergencies. In those cases, there must be unanimous agreement among all directors. If this alleged violation is causing dangerous conditions, it's possible you would want to take action without a meeting
In the cases of owner discipline, at least in CA, the decision to send the alleged violator a letter should be made in a closed meetings, aka executive session.
Your own documents or TN statutes provide guidance on how to deal with violations, hearings, etc
In the cases of owner discipline, at least in CA, the decision to send the alleged violator a letter should be made in a closed meetings, aka executive session.
Your own documents or TN statutes provide guidance on how to deal with violations, hearings, etc
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
I can only tell you how we go about it. Once we become aware of a violation (how is another subject) two or more BOD Members will look to see that it exists. If we agree (we have never disagreed) then we have the PM send the violation notice. We can agree any way we want, phone, Email, etc. We do not need to meet and vote.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Glen
In many cases there are as many ways to handle things as there are associations. The real issue is establish a written policy and adhere to it.
In many cases there are as many ways to handle things as there are associations. The real issue is establish a written policy and adhere to it.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Kerry,
Keep in mind that Glen is the minority vote until the next election (when others may join).
Until then, the best he can do is make note of the things and work toward changing them.
We all know that changes rarely happen overnight.
Keep in mind that Glen is the minority vote until the next election (when others may join).
Until then, the best he can do is make note of the things and work toward changing them.
We all know that changes rarely happen overnight.
BarbaraT1 (Texas)
Posts: 821
Posts: 821
Posted:
The answer to almost any question on this board is "what do your documents say?"
What are the covenants, conditions and restrictions outlined in your documents?
What is the compliance process in your governing documents?
Follow the procedure in your documents. If there is no procedure, you should get with an attorney and create one.
What are the covenants, conditions and restrictions outlined in your documents?
What is the compliance process in your governing documents?
Follow the procedure in your documents. If there is no procedure, you should get with an attorney and create one.
GlenM4 (Tennessee)
Posts: 141
Posts: 141
Posted:
BarbaraT1
please read the question, as it is asking how you go about this. I ask cause i would like to create a document as our bylaws don't make it clear.
thanks for you input
Glen
please read the question, as it is asking how you go about this. I ask cause i would like to create a document as our bylaws don't make it clear.
thanks for you input
Glen
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
As noted, Glenn, TN might have its own procedure that you must follow to handle allege rule violations.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Glen,
We have a resolution for enforcement procedures of covenant violations.
Any procedure should be in line with your covenants. For example, our covenants state that the Architectural committee has this responsibility. Therefore, we established an appeal process that the member can use to bring any committee decision to the Board.
Any procedure should be in line with applicable statutes. For example, our statutes require an opportunity for the member to be heard prior to imposing monetary penalties.
Any procedure should be in line with common sense. For example, we do annual inspections to check for compliance. If the inspection shows a large job (painting, fence, etc.) we allow one year for the violation to be fixed. This is because we understand weather, cost, etc. can impact when the work gets done. However, if it's not taken care of by the next inspection, they have 30 days and, if need be, called to a hearing.
We have a resolution for enforcement procedures of covenant violations.
Any procedure should be in line with your covenants. For example, our covenants state that the Architectural committee has this responsibility. Therefore, we established an appeal process that the member can use to bring any committee decision to the Board.
Any procedure should be in line with applicable statutes. For example, our statutes require an opportunity for the member to be heard prior to imposing monetary penalties.
Any procedure should be in line with common sense. For example, we do annual inspections to check for compliance. If the inspection shows a large job (painting, fence, etc.) we allow one year for the violation to be fixed. This is because we understand weather, cost, etc. can impact when the work gets done. However, if it's not taken care of by the next inspection, they have 30 days and, if need be, called to a hearing.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By GlenM4 on 04/26/2018 1:43 PM
Does the board vote to determin it is one? Yes ... after appropriate “evidence” has been provided to the BOD regarding the violation. I recommend avoiding any “He Said / She Said” type issues. If someone complains ask for their “proof” ... because a Court will ask you for similar information if any owner files a court case. Would you then need a meeting or action with out meeting? Generally this is decided at a scheduled “hearing” between the BOD and the Owner and where BOTH sides can present evidence regarding any violation. Is verbal from all directors ok? Verbal? ... Do your mean via telephone? In which case ... Have ALL the directors seen the evidence? Did ALL Directors during their “verbal (a.k.a. Many various telephone discussions)” ALL get to hear and/or question the Owner at their hearing (required via many states HOA statutes)? This is why most states require a proper meeting with all present to view evidence and hear testimony. Consider it similar to a small scale jury ... where if you were accused of any potential crime you are given every opportunity and the proper respect of all to hear your case in order to judge appropriately.
How do you go about this?
Does the board vote to determin it is one? Yes ... after appropriate “evidence” has been provided to the BOD regarding the violation. I recommend avoiding any “He Said / She Said” type issues. If someone complains ask for their “proof” ... because a Court will ask you for similar information if any owner files a court case. Would you then need a meeting or action with out meeting? Generally this is decided at a scheduled “hearing” between the BOD and the Owner and where BOTH sides can present evidence regarding any violation. Is verbal from all directors ok? Verbal? ... Do your mean via telephone? In which case ... Have ALL the directors seen the evidence? Did ALL Directors during their “verbal (a.k.a. Many various telephone discussions)” ALL get to hear and/or question the Owner at their hearing (required via many states HOA statutes)? This is why most states require a proper meeting with all present to view evidence and hear testimony. Consider it similar to a small scale jury ... where if you were accused of any potential crime you are given every opportunity and the proper respect of all to hear your case in order to judge appropriately.
How do you go about this?
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