What is next?

What is the procedure for a homeowner who receives multiply violation letters? Does it vary depending upon the city or state?

There are homeowners that have received multiple violation letters for the same offense. I believe it continues to happen because nothing further is being done.

Mean while the violators are making their, and my community look very unkempt !

I would appreciate any input .
Thank you, Chuck W

Roger, appreciate your quick response. I’m going to look in my CC&Rs to read what the procedure would be. Thank you. I will look there first.

Chuck W

SusieC,

Thank you. I’ll look in my CC&Rs now! I appreciate the advice. It should help for sure. I find it very difficult to understand much of the CC&Rs. I have read it all just fine. I couldn’t tell what it meant though.

Thanks for the info.
Chuck W.

Margo, I have never seen Covenants that narrowly restrict fines. If your's really do they need to be amended.

Yes John it is impossible to get 90%. I am familiar with an HOA that tried and failed working constantly over a peroid of 3+ years. Now Colorado statutes require 2/3 which supercedes their Declaration and they finally were able to amend their Declaration.

You might also want to check other possible resources--your Rules of Order or a Policy & Procedures Manual. I think the important thing is to not let any more grass grow with the matter. Action needs to be taken immediately, starting with due process, and then proceed up the ladder. If the violators thumb their noses at the letters, they are doing it because they know they can get away with it. That has to stop. Courts take into consideration the amount of time that has lapse.

We had the same problem with a HO who said his pockets were deeper than ours (actually, he was right on that point)-- his message was, "Go ahead, sue me." (Be careful what you wish for, would have been my message to the guy.) He refused to remove a trailer on his property (of the RV sort). Unfortunately, it took 7 years by the time it got to court, and he lost--big time. We spent $30K in legal fees with this defiant person, but I am sure he spent a lot more.

Actually, our HOA has never lost a case that has gone to court, and we have had our share of them. With my urging, board members are keeping much better documentation (objective, and following the rules), and the office staff has established a log so that every action involved with such a matter is recorded. In short, we did our homework, had our ducks all in a line, and that proved to be very good for the judge. He even commented on how well and objectively the association had managed this case, bending over backwards to get the violator to comply.

To answer Roger's questions:

Every issue of our monthly newsletter addresses ACC matters, including publicizing the status of all applications. We have articles, as well, that address the responsibilities of HOs. The website has a lot of information. At the time of closing, the title company also gives them a set of covenants. It's that old saying: You can lead the horse to water, but you can't make him drink. Despite all the proactive measures to prevent lawsuits, you always have that element that decides the covenants are not for them (then my response to them is -- live somewhere else!).

Until we get something into our bylaws addressing the issue of legal action, I believe we are dead in the water. The best we can do in the mean time is to keep thorough documentation so that we don't ever lose a case. One good thing--we publicize when the case is adjudicated, and I believe that has cut down on the number of HOs who think the rules don't apply to them.

CharlesW wrote: I find it very difficult to understand much of the CC&Rs. I have read it all just fine. I couldn’t tell what it meant though. >>
Charles - as I understand from other posts, you are now a member of your BOD. You seem so concerned about imposing the rules on your members, but admit you don't even understand your documents yourself - but obviously you expect your homeowners to know and abide by them. I wonder how typical that is of other board members? Harold

Charles

Where can someone get info of state and federal regs in regards to HOA. I have the smae problem with HO not paying fines and my board says there is nothing we can do about it. I say if that is the case then why fine osmeone?

2nd Is there a certain time frame or level of fines that need to be reached in order for us to put a lien on someone's property?

Chuy

Chuy,

I am leaning the dos and don’ts of an HOA myself. I found this discussion forum to educate myself as to the by-laws, CC&R and rules and regulations.
I have been told by the PM (property manager) that it is a long process, and I was told that the information, which I was asking about, is confidential and can only be shared with board members. At the time I was not a board member. This information couldn’t be disclosed to a member of the association. I found out that the violation procedures listed in the by-laws are being followed, as good as they can, it just takes time. Unfortunately much too long IMO!

This is what my by-laws state. 3.21 Fining or Suspension Procedure. The Board shall not impose a fine (a late charge shall not constitute a fine) or suspend a members vote or to use any part of the Common Property unless and until the following procedure is followed.

(a) Written notice shall be delivered to the member by first-class or certified mail sent to the address of the member shown on the Association’s records, specifying:

(1) The nature of the violation, the fine or suspension to be imposed and the date, not less than fifteen (15) days from the date of the notice, that the fine or suspension will take effect.

(2) That the violator may, within ten(10) days from the date of the notice, request a hearing regarding the fine or suspension;

(3) the name, address and telephone number of a person to contact to challenge the fine or suspension;

(4) that any statement, evidence, and witnesses may be produced by the violator at the hearing; and

(5) That all rights to have the fine or suspension reconsidered are waived if a hearing in not requested within ten (10) days of the date of the hearing

(6) (b) If a hearing is requested, it shall be held before the Board in executive session, and the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. No fine or suspension shall be imposed prior to the date that is five (5) days after the date of the hearing.

I am learning much of this my self, I apologize to you for not being more helpful. You must follow what it states in the by-laws and CC&R’s concerning liens and foreclosure proceedings.

Best of luck, this forum is full of some very knowledgeable people with some very good advice. If you have time, read as many of the previously posted responses and discussions, this topic has been discussed in great detail.

Chuck W.