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RebeccaA (Washington)
Posts: 3
Posted:
Hi, I am VP of our HOA, which includes 270 homes. This topic may have been covered already, but I haven't found it yet. Our HOA just got turned over to us less than a year ago when our builder finished developing the area. There was little to nothing done to enforce the CC&Rs by the builder before the Association was turned over to the owners. Since then, we have done 2 formal inspections. After the first inspection, a general letter was sent out to all homeowners explaining the main problems and stating the CC&Rs that applied to them (several homeowners didn't have copies and in fact didn't even know they were part of a HOA).
We very nicely asked everyone to please spruce up their lot so it conformed to the CC&Rs. There were a few who cleaned up their place, but not many. A few months later, we did a second inspection. This time, we sent specific letters to homeowners who still had not brought their lot into conformance. We are doing a third inspection in a few days.

We have had several homeowners complaining that the BOD is not doing anything to enforce CC&Rs. We have had to "grandfather" in quite a few things that are not quite conforming to the CC&Rs, since the builder gave people permission or did nothing to stop them. It takes quite a while before we are able to actually fine people for not following CC&Rs, which I think is probably when people may start to conform. I think we are now to the point where we can send people a letter stating that they will get fined x amount if they do not comply within 30 days. I know we have to inform everyone in advance of what possible fines are. Would it be a good idea to send a fee schedule to all homeowners? I read that in some states, the BOD must give the homeowner an opportunity to be heard. Our CC&Rs do have that, but do we have to issue an invitation to every homeowner who isn't complying to come talk to us, or can we send them the letter of possible fine with contact info if they disagree? Then, if we don't hear from them, can we go ahead and fine?

After we get through the initial issue of the fee schedule, what is the best way to enforce CC&Rs? I've heard of some HOAs using a ticket system. Is that even a possibility with our having to give people an opportunity to be heard? Sending out letter after letter seems to be ineffective, time consuming and wasteful of our money. What has worked well for other HOAs?

All suggestions are greatly appreciated!
MicheleD (Kentucky)
Posts: 4,491
Posted:
I can't offer much help on the fining issues since our HOA isn't allowed to fine.

However, I would like to comment on the "grandfathering" in of some of the homeowners.

First, we ONLY "grandfathered" in homeowners who had WRITTEN approvals from the developer. Some claimed the developer allowed them to do certain things (one of them claimed permission to build a shed), but they don't have the "permission" in writing, so we issued letters of compliance that they remove or revert their lot to the original state.

Even though the builder/developer did not "enforce," we do not have to grandfather those homeowners in. The CC&Rs allow that failure to enforce does not waive future enforcement.

So to reiterate, ONLY homeowners who have written permission of the CC&R variance are grandfathered, everyone else has to comply.

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