FINES FOR HOA VIOLATIONS

Started by RonH4 • 2 replies • 1465 views

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RonH4 (Colorado)
Posts: 1

Posted:

WE WOULD LIKE TO ESTABLISH TWO METHODS FOR ASSESSING FINES.

1ST METHOD: MAIL A VIOLATION LETTER TO THE OWNER INDICATING WHAT COVENANT OR RULE HAS BEEN VIOLATED. ALLOWING FOR A PERIOD OF TIME TO CORRECT THE VIOLATION PRIOR TO BE PRESENTED WITH A FINE.

2ND METHOD: MAIL A LETTER STATING THE ASSESSED FINE FOR A VIOLATION. IN THIS CASE THE VIOLATION IS NON-CORRRECTABLE SO THERE IS NO PRIOR WARNING LETTER AS IS IN THE 1ST METHOD. THESE ARE VIOLATION SUCH AS NOT PICKING UP AFTER YOUR DOG, MISUSE OF THE DUMPSTERS, DRIVING OVER LAWNS, LANDSCAPE BEDS AND BREAKING THE IRRIGATION HEADS.

WE HAVE HEARD THAT THE COLORADO CCIOA RULES WILL NOT ALLOW FOR THESE TWO FINE METHODS BUT WE ARE UNABLE TO FIND ANY REFERENCE TO THIS IN THE 73 PAGE SUNJECT DOCUMENT

RogerB (Colorado)
Posts: 5,067

Posted:

Ron, neither method is acceptable in Colorado (and I hope not in the U S). The procedure, at a minimum, should be to:
provide a letter of notification of a violation, state the regulation, provide a deadline for correction, make reference to the Rules and Regulations on Enforcement of Covenants and Rules (a required R&R in CCIOA), provide for a Hearing to contest the alledged violation, and indicate the amount of a potential fine. No fine may be lievied without the opportunity first for a Hearing to contest the alledged violation.

Our procedure is to provide an information notice making the owner aware of a restriction Of which they appear to be in violation and request they comply. Many owners are not aware of restrictions and this approach is "softer", and can be effective in most cases when the letter is carefully crafted. If correction is not made a first violation notice is issued. If not corrected by the deadline, and no request for a Hearing is made, then a second notice of violation is issued giving a time frame for turning over for legal action if correction has not been made. The owner is advised that in accordance with CCIOA, the losing pary may be liable for the legal costs of the prevailing party.

HaroldS1 (Arizona)
Posts: 314

Posted:

Roger is correct. There is still due process, even in HOAs. Harold

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