One more stupid question - thanks

Jeff,

Not stupid at all. In fact, pretty interesting.

I think understand what the drafter of this language was trying to get at. However, as written, I'd say there's a loophole not contemplated as evidenced by this precise situation. However,

"...not less than ten (10) days, during which the violation may be abated without further sanction if the violation is a continuing one" could be read that, in this case, the violation is NOT CONTINUING, but rather being abated, then repeated, hence,

"...or a statement that any further violation of the same rule may result in the imposition of sanction after notice and hearing if the violation is not a continuing one."

Good luck.

Mary,

I don't know the language needs to be amended (which can be a hassle, as we know).

Rather, the BOD could interpret it as suggested, then leave it to the HO to challenge the interpretation.

Also, as you noted, pushing the garbage can back onto the HO's property, assuming the HOA can enter property to correct a vio, might give the HO a clue. Hiring someone to do so then charging the HO for the service might also get his attention!

What I am asking is suggestions on how to stop someone from the repeat offense. They do it every week and it gets corrected every week with in a time period. Can such a time period for compliance become null and void after a second or third violation? Can it be done without modifications to the By-Laws?

The trash gets put out onto common property
Rule: Must be put out no earlier than the night before trash day. Each week they put it out 4 days before trash day. It is taken away with in the 10 days.

Every 2 weeks the grass grows higher than 6" and they won't cut it until they get a notice. They cut it in the alloted time period.
Rule: the grass must be no higher than 6"

Homeowner leave kids toys all over the yard for days and will not put them away until receive a letter. 2 days after complying they fill the yard with junk until they get another letter.
Rule: All toys, play thing, and tools must be stowed each night before dark.

As far as I can see it is just a lazy homeowner or tenants who is ignorant and inconsiderate.

Your board needs to pass a rule about REPEATED instances for the SAME violation. That 10 day "fix it" period does not cover BEHAVIOR violations.

I think that your by-laws are self-explaintory in that a repeated yet not continuous violation is subject to sanction after the h/o has been properly notified the first time.

I have sent out fines to H/O's who attempted to play the same game

As an example;

"It has come to The Boards attention that a boat trailer has been parked partially on Association property and in full view of surrounding properties since December 30th 2003. This is in violation of paragraphs 13 and 16 of the Covenants and Restrictions for Princeton Place. As this is a recurrent violation (refer certified letters dated May 26, 2003 and March 30th, 2003) a fine of $100.00 is now due.

If it becomes necessary, The Board will pursue injunctive relief through legal action to prevent future violations. In accordance with Paragraphs 19 and 26 of the Covenants and Restrictions for (association name) the offending Homeowner will be responsible for all costs incurred.

Please arrange for storage of the boat and trailer to a facility outside of (insert association name), and refrain from future violations."

Now, if the H/O violates the restriction every other year I would say that you remind them that they have been notified before about it, prior to fines.

I agree with Kirk on this one, I would put them on notice and if it continues, start fining.

On a side note, it has been said that there are no stupid questions. If that is so, then what kind of questions do stupid people ask?