Outsourcing Code Enforcement

Started by ZachD1 • 11 replies • 546 views

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ZachD1 (Colorado)
Posts: 7

Posted:

Our community has been considering hiring out the enforcement of the CC&Rs and are weighing a few different options. As one option, we can use software to make the process easier. The Board and other homeowners can document the violations and use the software to send and track violation notices. Or, we can hire an outside agency or individual to handle the entire process from start to finish. The latter option is more expensive but it might be nice to remove the inspection and enforcement duties from the Board's plate.

Has anyone had success with either option? If so, what sold you on a particular software and/or agency?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By ZachD1 on 06/18/2021 8:16 AM
Our community has been considering hiring out the enforcement of the CC&Rs and are weighing a few different options. As one option, we can use software to make the process easier. The Board and other homeowners can document the violations and use the software to send and track violation notices. Or, we can hire an outside agency or individual to handle the entire process from start to finish. The latter option is more expensive but it might be nice to remove the inspection and enforcement duties from the Board's plate.

Has anyone had success with either option? If so, what sold you on a particular software and/or agency?

Why is the board wanting to have someone else be the enforcer?

ZachD1 (Colorado)
Posts: 7

Posted:

Time. The Board will still retain the enforcement authority and will make the ultimate determinations for fines, hearings, etc., but the inspection, documentation, and follow-up process is very time consuming. Our community is self-managed and has 220 doors. Frankly, it's too much for our volunteer board members to stay on top of consistently.

LetA (Nevada)
Posts: 2,679

Posted:

Do you have a property manager or are you self managed?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By LetA on 06/18/2021 8:43 AM
Do you have a property manager or are you self managed?

Our community is self-managed and has 220 doors

MaxB4
Posts: 3,513

Posted:

There is software that will handle the code enforcement, but it do take time and energy to set up. The other question is would maintain it, now and in the future.

I am sure you might find a MC to handle just the code enforcement utilizing their software, but I have to assume there is a set up fee to review your documents and load the specific violations into their system.

LetA (Nevada)
Posts: 2,679

Posted:

That size of property I would suggest hiring a property manager. Hiring a " CC&R" enforcer might be near the cost of of all out PM.

SheliaH (Indiana)
Posts: 6,964

Posted:

Our property manager is part of a national organization and one of the services they offer is rule enforcement. They do periodic drive the of the community, note violations (things like junk cars parked on the lawn) take a time and date stamped photo and send out the violation notices with a copy of the photo. The letter lists the appeal rights so homeowners can follow those steps. The next drive through will note if the problem was fixed.

This isn't part of the company's contract, so if your company offers this service, you'll have to pay for it. Other types of problems will require more involvement by the board, such as a parking problem that's resulted in several complaints. You will also need to participate in appeals - this is one of the board's duties that can't be outsourced - and it shouldn't.

If time is an issue, you may need to consider what types of complaints are coming in and set some priorities. Disputes between residents shouldn't be a board issue unless it involves misuse of damage to the common area, or several complain from a number of people are involved. Otherwise, people need to learn how to talk to each other minus cussing, throwing hands of pulling out weapons.

Speaking of weapons, If the issues involves criminal, tell homeowners to call police - board members aren't cops.

For the rest, you could ask homeowners to volunteer for some sort of rule enforcement committee and it could do initial hearings and make recommendations to the board or the board can review whatever information the committee gathered and then make a decision. For this to work, I would see if some sort of mediation trading is available - trying would be mandatory for the committee (and it wouldn't hurt if the board took the training as well).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Our Association hired someone to enforce the covenants once.

It raised an uproar in the community. Mainly because the individual thought they had to justify their job and were writing violations for covenants that didn't exist, just what the board wanted attention to.

In fact, that was one of the reasons I got involved in my Association.

I was told that my screen door wasn't in compliance.
A screen door that was installed by the builder, and on the home when I purchased (12 years later). The door was in good condition and properly maintained. The board simply didn't like the look. This also violated State statutes at the time.

Found out that once one individual left the board, the rest of the board said no problem with my door.

So, be careful what you wish for.

My suggestion, make an inspection once a year.
Give advance notice of the inspection (so owners can get things taken care of) and enforce violations based on the inspection.

Other then that, don't go looking for violations outside of the inspection (but do respond if one is reported by others).

TimB4 (Tennessee)
Posts: 21,059

Posted:

By the way, 130 homes, self managed.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

We have an MC but we did not buy Sie Inspections from them. Our BOD (5 Members) keep an eye on the place and if we notice a violation, The MC writes a Notice of Violation. We do nothing to track letters as what we really want is the violation cured. We do not want fine money.

ZachD1 (Colorado)
Posts: 7

Posted:

Thanks to everyone for the feedback!

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