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DenessaL (Texas)
Posts: 1
Posted:
Does anyone have a sample non-compliance letter to follow? Our covenants chairman is having to come up with one that has multiple items that we could just check-mark the item that is being violated. Please e-mail me if you have one. Thank [email protected]
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Denessal,
Since all covenants are somewhat different in many respects, I would suggest you device a letter to violators citing covenant Chapter and verse, and include the entire covenant.

Second paragraph, I would explain what your covenants allow in the way of fines or Board actions.
Third, I would include an invitation to the offender to come and be heard by the Board at a Board meeting.

Keep it simple, direct and impersonal. Strictly business.

As far as a check list kind of thing, that would best be done by each association and the actions of the board may be different for different offences.

Using a cut and paste action, most of the offences could be pasted into a format type letter.
GlenL (Ohio)
Posts: 5,491
Posted:
Denessa, while there will always be homeowners that push the boundaries to see what they can get away with. I think you will find that the majority of your violations will come from people who just didn't bother to read the all of the CC&Rs, didn't understand exactly what they said or just plain forgot. Therefore it is my opinion that the first letter the H/O receives is friendly and while it is not required in every state there should be an appeal process spelled out where the H/O can address the Board and tell their side.

When the first letter the H/O receives is do this/don't do that or we will fine you/take you to court the whole situation quickly becomes needlessly adversarial. "Who are these SOB's? What do they mean I can't do (fill in the blank) it's my house and I'll do what I darn well want in it." And what was a simple matter suddenly becomes WWIII as the H/O takes a stand on "principle". The purpose is to get them to do what they agreed to do in the first place with as little fuss and muss as possible.

You should have a written set of rules and policies and each H/O should have a copy of them along with a copy of the enforcement policy for how violations will be handled. In ours we noted that you only get one "friendly" reminder per violation, i.e. if we send a reminder about garbage in Jan and you do the same thing in April then it automatically goes to step two; good record keeping about violations and actions is a must. Also things that require immediate action i.e. the H/O is suddenly digging an Olympic swimming pool in their front yard may go immediately to step two and require a stronger letter.

This is a copy of one Association's letter:

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
From: XXXXXXXXX Board of Directors
COVENANT VIOLATION NOTICE

Dear ………………………..,

It is the obligation of the Board of Directors to ensure that each Homeowner in our Community is adhering to the Declaration of Covenants, Conditions and Restrictions (CC&R's) set forth in our Documents. Our Community is striving to continue to be a beautiful place in which to reside harmoniously with our neighbors. We are all bound to conform to the Articles of our Covenants.

We believe that you are a good neighbor and would not knowingly violate our CC&R’s. Please be advised that the following Covenant Violation exists:
The Violation falls under Article _____________, Section ______________ and is specified as:

______________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. According to our Declaration, the Violation must be remedied within fourteen (14) days from the date of this notification.

2. You can also notify the Board of Directors at the address above in writing, or at any of the following contact numbers, of the course of action you intend to remedy the Violation, with a specific completion date (within that 14 days).

3. You also have the option of having a hearing before the Board of Directors to discuss or refute the specified Violation (within those 14 days).

Unfortunately, any Violation which goes unresolved or has not been addressed with the Board of Directors within 14 days will begin to accumulate a fine of $25.00 per day until the violation is corrected. If the violation is not remedied within 30 days once the fines begin the matter will be turned over to the Association's Attorney for legal action. The cost of legal action and all accumulated fines will be the obligation of the Homeowner.

We look forward to working together to in the continuing effort to keep our Community beautiful and protect the property values of all our neighbors’ homes. If you have any questions or concerns about the above matter, please do not hesitate to contact any of the BOD Members as listed below. The Board of Directors is in place to serve our Community.

XXXXXXXXXX Board of Directors:


Studies show that 5 out of 4 people have problems with fractions
DwightT (Idaho)
Posts: 664
Posted:
Denessa -
I would strongly recommend that you NOT use a check-mark form. Our former management company used one like that and it was not well received by the homeowners. A simple check-box on a line that states "Landscaping must be maintained" doesn't give them enough info about why you think they aren't maintaining their yard. As Donna mentioned, the first letter should include the specific text of the rule that is being violated, and I think it should also include a statement of why you feel that they are in violation. Letting them know that the weeds in the planters along the walkway are over the 6" maximum specified in the CC&Rs gives them something specific to fix.
ChrisG5 (Maryland)
Posts: 7
Posted:
Good HOA topic!

Below is my HOA rough sample Exterior Inspections Checklist when you do your walk through inspections. This will help facilate the process with less labor intensive AND less paperwork. The checklist which can be dulicated in a spreadsheet program [Excel] for record keeping and reprinted professionally to become the actual attached document mailed to homeowners. Mistakes are less likely to occur by following it through on one form and you can focus more on landscaping issues at the 2nd and 3rd inspection dates.

Send homeowners a cover letter summarizing exterior guidleines and the same check list for each inspection.

Indicate in your cover letter the purpose and phase of the exterior inspections process and why it's important to maintain the architecure of the comminuty and help to maintain or increase property values.

Our HOA decided to focus on Major violations only, such as remove Rotten Wood, Power Wash, etc. or the top 20 and include Other (just in case!) Reference how they can get complete explantions, or include a weblink or website for homeowners to upload the complete guidelines or explanations.

Using Excel/Spreadsheet
Develop a 5 column 3 part inspection checklist to use as a worksheet and copy for all inspections

Column 1. Check Box
Column 2. Major Exterior Covenant Violations "Other" will catch those infrequent ones!
Column 3. Prelimnary Inspections
Column 4. Formal Inspections
Column 5. Final Inspections

Below is a bad cut and past job of our actual checklist and it fits on one page, landscaped print format.
The underscores column or explanation is actualy several inches long. It Works Great for US, GOOD LUCK!

____________________________________________________________________________________________________________

*Early Spring (Due 5/1) *Early Summer (Due 7/1) Early Fall (Due 9/1)
____________________________________________________________________________________________________________
Friendly Mews HOA *Preliminary Inspection **Formal Inspection ***Final Inspection

Exterior Covenant Violations Dept.
P.O. Box 6092 Columbia, MD 21045 Date: ____/____/2008 Date: ____/____/08 Date: ____/____/08
www.yourhoawebsite
Address:#### Main Street
_____________________________________________________________________________________________________________
*Plan or complete repairs and corrections within 10 weeks

**Complete in 10 weeks ***8 Weeks Notice!
Inspected by: Inspected by: Inspected by:
Formal Inspections Final Inspecions
EXTERIOR ALTERATIONS Checklist
For a more complete checklist and detailed explantion
go to www.yourguidelines Violation Status Violation Status
Major Violation Explanation New 2nd Notice Escalate to Att.
______________________________________________________________________________________________________________

[ ] Chimney [ ] Roof [ ]Paint [ ]Repair _______________ [ ] [ ] [ ]
[ ] Decks [ ] s/b natural [ ]Repair railing…____________ [ ] [ ] [ ]
[ ] Doors (Exterior) [ ] Paint _______________ [ ] [ ] [ ]
[ ] Fences [ ] Repair [ ] Replace _______________ [ ] [ ] [ ]
[ ] Gutters [ ] Downspouts [ ] Drain Pipes _______________ [ ] [ ] [ ]
[ ] House Numbers (must be visable) _______________ [ ] [ ] [ ]
[ ] Landscaping [ ] Mow [ ] Rake [ ] Weed _______________ [ ] [ ] [ ]
[ ] LIGHTING (cannot shine into neighbors) _______________ [ ] [ ] [ ]
[ ] MAINTENANCE, Other: Repair/Replace _______________ [ ] [ ] [ ]
[ ] Remove Debris: _______________ [ ] [ ] [ ]
[ ] POWERWASH SIDING: _______________ [ ] [ ] [ ]
[ ] Front [ ] Side [ ] Back [ ] [ ] [ ] [ ]
[ ] REPLACE ROTTEN WOOD _______________ [ ] [ ] [ ]
[ ] PAINT [ ] Front Trim [ ] Side Trim [ ] [ ] [ ]
[ ] PAINT [ ] Back Trim [ ] [ ] [ ]
[ ] PAINT [ ] Meter Box & Poles [ ] [ ] [ ]
[ ] PAINT [ ] Other: _______________ [ ] [ ] [ ]
[ ] Patios AND Walkways _______________ [ ] [ ] [ ]
[ ] SHED: [ ] Paint [ ] Stain _______________ [ ] [ ] [ ]
[ ] SHUTTERS [ ] Paint [ ] Replace _______________ [ ] [ ] [ ]
[ ] SIGNS - Must Comply w/HC ordinances _______________ [ ] [ ] [ ]
[ ] Trees & Shrubs [ ] Remove Dead [ ] Trim _______________ [ ] [ ] [ ]
[ ] Windows & Screens [ ] Replace Broken _______________ [ ] [ ] [ ]
[ ] Woodpiles, Neatly stacked in back. _______________ [ ] [ ] [ ]
GlenL (Ohio)
Posts: 5,491
Posted:
Chris that's great if it works for your HOA but I would suggest that you use spell-check or a dictionary on your form as it does contain some misspellings. I only mention this because you said you cut a pasted it from the actual document.

Studies show that 5 out of 4 people have problems with fractions
ChrisG5 (Maryland)
Posts: 7
Posted:
glen, like i said, this is a bad cut and paste job and is not at all what the actual worksheet looks like.
as far as spell check, that's not a feature on this interactive website. I am not the first to have mispelled words in this forum. I agree, whenever using email, etc. always run spell checker. Don't worry about me, i iq'd at 130.
GlenL (Ohio)
Posts: 5,491
Posted:
Chris I understand that, which is why I only remarked on the misspellings on the form. I assumed you cut and pasted it from the actual form. Final Inspecions -(must be visable) - detailed explantion should be Inspections - (visible) - explanation

Studies show that 5 out of 4 people have problems with fractions

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