A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Compliance enforcement

Started by MichaelT21 • 13 replies • 307 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MichaelT21 (Arkansas)
Posts: 200
Posted:
How do other communities handle compliance enforcement?

I've been on the Board for 3.5 years, and compliance has always been a bit of a sore spot with our community. First we were don't enough, now we are doing too much. Problem is that few people are interested in volunteering for the compliance community. We've taken numerous surveys and homeowners indicate that they really appreciate the HOA doing compliance enforcement but nobody wants a target on their back or to be the one coordinating it. I'm the leader right now, but I really hate this task as we don't have compliance issues on the street that I live on and don't feel this is something I want to spend my personal time on. But if I don't do it, nobody will it seems and then the complaints will roll in.

How do other communities handle compliance enforcement in their community?

Please share.
MicheleB7 (Florida)
Posts: 24
Posted:
In our community, our property manager comes to the development once a month and sites violations. These owners are sent a friendly notice that something needs to be taken care of/fixed/submit a form, etc. They have a time limit, then a violation notice is sent to cure and then if not tended it goes to have a fine imposed. Meeting set with the fine committee. We do no burden our owners with being on a compliance committee as you are correct, no one wants a target on their backs. However, owners do want the other owners to comply with the rules because it affects their home values.
MicheleB7 (Florida)
Posts: 24
Posted:
In our community, our property manager comes to the development once a month and sites violations. These owners are sent a friendly notice that something needs to be taken care of/fixed/submit a form, etc. They have a time limit, then a violation notice is sent to cure and then if not tended it goes to have a fine imposed. Meeting set with the fine committee. We do no burden our owners with being on a compliance committee as you are correct, no one wants a target on their backs. However, owners do want the other owners to comply with the rules because it affects their home values.
MicheleB7 (Florida)
Posts: 24
Posted:
In our community, our property manager comes to the development once a month and sites violations. These owners are sent a friendly notice that something needs to be taken care of/fixed/submit a form, etc. They have a time limit, then a violation notice is sent to cure and then if not tended it goes to have a fine imposed. Meeting set with the fine committee. We do no burden our owners with being on a compliance committee as you are correct, no one wants a target on their backs. However, owners do want the other owners to comply with the rules because it affects their home values.
KerryL1 (California)
Posts: 14,550
Posted:
We handle violations pretty much like MicheleB. Often, residents will point out alleged violations to the PM, who then verifies the activity whether against our convents or rules. The, same sequence as MicheleB, only the secured notice to the owner would "invite" them to a hearing (required in CA) after which a fine may be levied, or other possibilities.

I think MichaelT has written many times that they won't spend the money needed to have a PM who spends more that 4-6 hour a week on their HOA and who, if I understand right, doesn't visit the premises. He's written they have about 270 homes and several parks.
LoriM15 (Florida)
Posts: 1,009
Posted:
Our on-site property manager is supposed to handle violations. She is supposed to drive the community and make notes, then send a first, friendly letter to the homeowner asking them to fix whatever it is. If it isn't fixed in a couple of weeks, an official violation letter is sent. The second notice, if still not in compliance, is a notice to appear before the board for possible fining. Then to a fining committee.

In reality, it is extremely difficult to get the property manager out and citing violations. The last two property managers just didn't seem to find the time to go out and actually look at this. It's a tough job and no one wants to do it. Before I was on the board they hired a part-time compliance officer who was supposed to look for violations. The community was beside themselves - they all want the rules enforced but not enough to pay someone for it. He didn't last long.

In reality, members of the community, including me, tell the manager when we see violations. If I have to drive by a house with trash in the driveway for two weeks then I report it.

I think compliance is the hardest part of an HOA. You NEED to do it but no one WANTS to do it.

KerryL1 (California)
Posts: 14,550
Posted:
To Lori's point: Our PM & his asst. are supposed to see and write up violations, but they never do. They are good at corroborating violations that residents bring to their attention, sending letters, etc.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By LoriM15 on 03/09/2023 6:21 PM
... snip ...

I think compliance is the hardest part of an HOA. You NEED to do it but no one WANTS to do it.


Amen. In my community, some homeowners won't even put complaints writing because "I have to live next door to this person".

Allowing the community manager to handle it is helpful, but the board is still the ultimate decider on whether or not somebody gets fined, and people know that. It's no wonder boards are on the receiving end of so much grief.
CathyA3 (Ohio)
Posts: 6,299
Posted:
In MIchael's situation, I'd be tempted to respond thusly to the complaints:

"This is a large community. The board members don't have time to police it, and the community has decided that they don't want to set assessments high enough to enable us to pay a manager to take on the work. This decision has consequences.

If the community is unhappy about these consequences, perhaps it's time to revisit the assessment decision.

In addition, our governing documents give individual owners the right to enforce the CC&Rs themselves. You are not dependent on the board to handle a situation that you find objectionable - you can do so yourself. Discuss with your own lawyer how to go about it."
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our warning letters and violation letters go out under the PM's signature regardless of how they were found.
KerryL1 (California)
Posts: 14,550
Posted:
Ours go out the same way as JohnC's. No resident needs to be identified. It I the "association" that's alleging a violation. At a hearing, the original resident who noticed the violation gas nothing to do with any proceedings or Board decisions.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I've mentioned this before.

My old Association would do an annual inspection - publicized well in advance.
The inspectors had three categories:

1) Violation - correct within 30 days
2) Maintenance Required - Correct by next inspection or it becomes a violation
3) Concern - something the inspector saw that they thought the owner should be aware of

Maintenance required items were things that tended to take money and scheduling to fix - i.e. roofs, brick work, shutters, fences, etc.

The inspection report was considered an informal warning.
If violation not corrected - formal notice - 30 days to correct
If violation not corrected - hearing before the committee
If violation not corrected - hearing before the board and potential monetary penalties

Other then the inspection, the Association didn't go looking for violations but would respond to any reported violations by members.
MarshallT (New York)
Posts: 414
Posted:
I think it's common for PMs to look after compliance issues. Other members will report violations, and the PM might do a site visit as well to look for issues with property maintenance.

Unfortunately there is no great alternative solution if you do not have a PM. Would someone be willing to share the task with you?
ND (PA)
Posts: 792
Posted:
Hire a MC/PM who will do some level of compliance inspection, notification, and tracking as part of their contract.

Only things your Board would need to do is establish a violation process (that starts w/ ID of a possible violation and ends with the violation being rectified and/or other appropriate action ... a process that you should already have), and then be involved in some sort of review of ID'd violations before they are inserted into the process (to ensure all are in agreement before things escalate).

Result will be exactly what you want and need ... some level of compliance enforcement with minimal work for you.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement