Enforcement of Easily Correctable Violations

A.R.S. 33-1803 (C) states "A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within twenty-one calendar days after the date of the notice.  The response shall be sent to the address identified in the notice."

This essentially gives an owner 21 calendar days to correct a violation before the Association can levy monetary penalties. Do the majority of states have similar laws giving an owner three weeks to correct/contest a violation? This seems like a extraordinary long time for an easily correctable violation.

How do you respond to owners who might complain daily about another owner's easily correctable violation such as a vehicle parking overnight on the common area streets, towels over the railings, etc.? Most owners are probably ignorant of state statutes and might become frustrated at seeing a vehicle parked overnight on the common streets or a towel draped over a railing on a daily basis by the same person. Because of the ignorance of state statutes, they might falsely think the Board is ignoring their complaint.

Our statute in Texas is a little different. We must give the owner a "reasonable" time to cure the violation but the owner has 30 days to appeal and then the HOA has another 30 days to hold a hearing. Potentially, any violation could end up in court and not be settled for years.

Here, almost all records are open to owners so they have a right to know the status of a complaint. That makes it easy because the HOA can explain to the other owners what steps they have taken. I'm not familiar with the rules for condo associations which fall under a different statute.

If your state makes that information confidential, I suggest giving the other owners a general statement without releasing private information stating that owners accused of violations have 21 days to respond and that the HOA cannot take action during that time. I think it's a mistake to not give some explanation, even if it is only a citation of the law.

I think that's a tall, 50-state homework assignment you are proposing. The only states I care about when it comes to questions like this are California, Florida, probably your state Arizona, and maybe Texas. Because these states are crawling with developers and relatively recently-built condos and HOAs. In my opinion, these states' legislatures have taken some care to write the relevant condo/HOA statutes so that disputes are more manage-able (either by Boards or in courts).

Of the 50 states, I would bet that the majority do not give the detail that California, Florida, Arizona and maybe Texas do when it comes to due process requirements for violations.

In my opinion, one of the Board's unwritten duties is to educate. If this means repeating often, so be it. Many boards respond with silence. You choose which response is more mature and more likely to receive the desired result.

In addtion to Jeff's observation, the statute says nothing about violations OFF of owners' property e.g., parking on the common areas.

NpB, I think you ought to start trying to process the phrase: "I accept the things I cannot change; the courage to change the things I can; and the wisdom to know the difference."

A director wanting understanding, respect and appreciation is unwise, in my experience. The reasons for serving need to be different from the latter.