Self Help by Board Members in FL

Carol

The objective is to cure a violation and often the best procedure is a gentle, non-official letter as many do not know they committed a violation. After that, nail the offender.

We have a similar process to Kerry's community. The first letter is informational and generally does the trick. The second letter states that fines will commence if the violation is not cured. The third letter starts the fining process.

Most owners don't push things to the point where legal action is required: ie, court case to enforce the CC&Rs, collection actions, liening the property, or even foreclosure if allowed in your state (many states don't allow it).

However, the association must follow its stated procedures to the letter if push comes to shove. So a gentle warning by a board member wouldn't start the official process, although it may be effective. As long as the board knows that the first heads-up doesn't count in any way, it may be OK.

On the other hand, I have an issue with board members acting on their own, although this is pretty benign. And if your governing docs or state law allow individual homeowners to pursue enforcement actions independent of the association, a board member could say something on his own since it is one of his rights as a fellow homeowner.

So... it's maybe not the best idea in the world but it probably won't blow up in anybody's face as long as the board as a whole sticks to its official enforcement policy.

Do you have email addresses for every homeowner? I would think that would be the biggest obstacle. Whatever method you use, you have to be able to use it for all, so how do the folks who haven't provided an email address get their personal approach?

When I talk to homeowners about violations I emphasize that it's NOT personal. I'm sending you a reminder about mowing the lawn, that's all. It's not a judgement on them, their home, or their worth as a human being, it's just a reminder to mow the lawn.

The only thing that homeowners find acceptable is to leave them alone while hounding the neighbor they hate out of town. I exaggerate (slightly).

No method of making homeowners aware of a violation is without the risk of upsetting them, so use the one that complies with your documents and state law, can be applied equally to all owners, and is most convenient for the board.

Yeahbut I am pretty sure the detailed requirements for enforcing covenants are a result of the courts saying HOAs/condos must provide due process.

For example, when boards suspend an owner's voting rights without any notice at all, they had better expect to pay the piper. (Of course many boards will then retaliate for being corrected by an owner.)