Handling compliance concerns effectively

Hello HOATalk,

Trying to figure out how to effectively clamp down on compliance in our community. We conducted a survey and found that homeowners are highly concerned about the lack of HOA enforcement with regards to rules and regulations, and our homeowners clearly are asking for increased amounts of compliance letters to be sent out.

Problem is, the recipients of the compliance letters frequently argue, often with stupid arguments, with the property manager regarding the compliance letter.

Example: Homeowner receives a compliance letter regarding the boat parked in the driveway. Homeowner starts on a multi-email exchange claiming that the boat is used for morning fishing and is removed from property for 2 hours each day. (This is a lie.) After a months worth of e-mails, homeowner gets the point that the boat is not allowed and finally removes the boat.

The problem for me is that I do not have time for back-and-forth (via the PM) with homeowners regarding their violations. I do not have patience to listen to their petty arguments and their excuses to not follow the rules and regulations that existed long before they bought their home. Our PM tries to answer the best that she can, but when the going gets tough, she turns the e-mails over to the Board to figure out how to respond to.

We might need send 20 - 30 compliances letters a month, and probably 5 of these will result in multi e-mail exchanges with homeowners.

How can we be fair to our homeowners, while also being fair to us as volunteers? I am thinking that we can have one meeting a month to let our PM know how to respond to all of the e-mails that she receives.

Any other suggestions?

What Lori said.

Rule enforcement IS a pain in the ass, but it's what boards are called to do (so get used to it). That said, the first place you might look to tweak is the process - if all you're doing is sending letters and that's followed with back and forth with emails, you need to shut that down by telling people either they fix the problem or make their case before the board in an appeal hearing. If they lose the hearing or there's a compromise and they still don't comply, turn it over to the attorney.

Your job is to be fair and consistent with the process, but as Lori indicated, there will always be people who think rules apply to everyone else but them. When they aren't trying to insult you, they'll scream lawsuit. Whatever - as long as YOU follow our procedures and can document what, when and how you enforce the rules and the homeowners are aware of that, they can try to sue if they want to, but risk being laughed out of court (and judges HATE wasting their time with stupidity). Eventually, these people will have no choice, but to calm down and - follow the damned rules. Our attorney once told us this can take a few years before everyone gets the point, but change is never easy. And don't worry about threats to vote you out - if enough homeowners are happy with what you're doing, you should be ok, but if not, so what? All you can do is your best - if others feel they can do better, let them see how things really are.

If you do make changes, notify the homeowners with an effective date (immediately will also work. Remind everyone that (1) the rules exist to ensure the neighborhood remains clean, safe, and attractive (thus maintaining or increasing the property values that everyone screams about) and (2) as HOA members, they have a legal obligation to comply. This is what they signed up for when they purchased a home in the community. If they think the rules are "stupid," they're welcome to propose alternative approaches to the board. If changes will require a CCR amendment, that will mean homeowner approval - and those homeowners should be willing to make their case before their neighbors.

First, research your state statutes to see if there is a required process a violation appeal. Then check your declaration to see if it has a prescribed appeal process.

Then, create an enforcement policy, incorporating whatever the state and declaration requirement s are. The policy should list the sequence of notices (I would advise giving the board the discretion to send a courtesy notice), when fines are imposed and the schedule of fines (if you have the authority to fine), whatever other enforcement tools the board has (self help or a lawsuit) and the process for homeowners to appeal. Then instruct the manager to advise any protesting owners of that process. Barring any state or declaratory requirements "come to a board meeting and talk to the board" is a process that will weed out the general whiners.

Your property manager should be discouraged from engaging in lengthy back and forth. When I get repeated argumentative emails, my response is "I have explained the policy/decision/board's response and it remains the final decision." Cut and paste as many times as necessary.

Your residents who want more enforcement also need to be educated. Explain the enforcement policy, and explain that compliance is often a long process and the continued existence of a violation doesn't mean it isn't being addressed. If you have an enforcement policy, direct them to that. I have also had to explain, on multiple occasions, that sending daily complaints and photos, posting about a neighbor's lot on Facebook, or encouraging other neighbors to report the same violation not only does not speed up the process, it actually makes it harder to resolve the problem.

For some reason, owners direct their ire at the board/manager when there is a violation, instead of at the person who committed the violation. Their neighbor isn't at fault for letting his fence fall apart, it's my fault for not telling him to fix his fence. (Even though I have told him to fix his fence). These same people are often shocked when I tell them that not everyone immediately corrects a problem when they get a letter about it. I think they are looking at it from their perspective ("If my fence fell down, I'd fix it, and if I got a letter about it, I'd be mortified and correct it immediately.") and don't realize that not everyone shares that thought process.

"Homeowner starts on a multi-email exchange claiming that the boat is used for morning fishing and is removed from property for 2 hours each day. (This is a lie.) After a months worth of e-mails, homeowner gets the point that the boat is not allowed and finally removes the boat."

After the 3rd email response, stop responding. The scenario you described only happens if you let it.

This is bad advice. As we often see here and in so many lawsuits, the HOA board is often wrong about their position. Being definitive and saying "final decision" exposes the HOA to litigation and liability if in fact they are wrong in their prosecution. A better response would be open meetings, hearings, documented investigation.

Agree with all who say the Board (not you) must direct your PM to NOT engage in back & forth debates with those who get these letters. Follow your governing documents and Washington state law about hearings and fines to a T.

If they're not going to cure their alleged violation, they come to a hearing and plead the case to the board or compliance Committee, which you seem to have formed. Do your docs or state law, Henry permit such a committee to levy penalties. Or must it be the Board?