How to reply properly to a violation?

Hello,

First of all, I love this site.

Recently, I replaced the front door of my unit due to the previous door frame cracking. The day the frame cracked, I had no choice but to buy an immediate replacement at Home Depot. I selected a door of the exact same style and color, but it had a window at the top.

Lo and behold I was fined by my association. An excerpt from the first letter received.

"It was noted...you have the wrong door. Please note that your account will be charged $100 for the violation. Any additional violations will result in increased fines."

Since our monthly board meeting was the next day, I decided to attend to see how it works. To my surprise, they were willing to listen to my case even though I did not respond requesting a hearing.

I first apologized to the board for not seeking their approval. I then went on showing pictures of how there was no uniformity of doors across different building. And that my door choice was chosen so that it matched the style of other doors, although not the exact same door. I pointed out that the rules state the doors don't have to be the same, but that I only require to BOD's approval. The head of the BOD denied it and told me to replace the door.

I received a follow up letter stating:

"...the BOD discusses your request to have the fine on your account removed. After review of this issue, the Board decided to hold the fine on your account until a new door has been installed. Once your new door is installed, the fine will be waived. The decision of the Board is considered final, pursuant to the governing documents for the Association".

Now my question is to everyone, reading these two letters. It doesn't explicitly state that my doors needs to be changed. Only that a) I violated the rule for not seeking approval and was fined, and b) if I want the fine removed, I need to replace the door.

My question, do I have to replace the door based on the two letters? My interpretation is I do not as long as I pay the fine. Is there a recommended way to respond to the letters to ensure I will no longer fined at a later date? Also, are there any notes I could put in the memo section of the check to dissolve myself of any further obligation once I pay the fine and am in accordance with the two letters?

Thanks,
Gabe

Thanks for the reply. I reviewed the CC&R and there is no verbiage discussing recurring fines (for the same violation). What's funny is the new door actually looks really nice... and I pointed out to the BOD that the green mildew growing on the siding (we face north) is actually decreasing the value of all the units, as opposed to a new door.

I also happened to find another unit that had a similar door installed, that should be in "violation" based on what is happening to me. Unfortunately, when I spoke with the resident, they were just renting and didn't know if the unit owner had prior permission to change the door. I also don't want to get another resident in trouble, so I didn't bring it up.

It's interesting to note why these rules were written in the first place. I completely agree we need a rule about seeking the BOD's approval for a door change. Myself, as a community member, would not want someone to put a purple front door with pink poke-a-dots on our all white-siding town home. The reason being it would de-value the other units. However, proper changes enhance the value of homes, and I completely believe my door change does just that. My door is the same type of door (raised paneling is identical), same manufacturer, etc.

I told them based on the rules, it's basically a subjective decision on the BOD's part, and asked to reconsider.

It's just a shame that some BODs don't look past the "rules" and see just why the rule was written in the first place. I just think it's a pity if I change the door (again), that this one will end up in a land fill. I'd rather let them write me a letter EXPLICITLY stating to change the door. Just trying to help the environment and my pocket book.

Do you think I'm just inviting more issues?

Confused,
Gabe

You make some very good points.

I spoke to a co-worker (who happens to be a lawyer), and he read both letters. He agrees that both letters don't state that the door needs to be replaced. His argument is they are fining me for having "the wrong front door". He told me the BOD needs to explain what constitutes a "wrong front door", as it's not addressed in the CC&R or any other document as Brian pointed out (list of approved doors, etc.)

I'm feeling much better about this now.

if the $100 is a single time fine for not getting approval, i agree with Susan. If it's for not having the right door, and they will fine you again next week for still not having the right door, then fight a bit.

I am formally going to reply to the board and pay the fine. I have no issues there. Here is the rule specifically for the door.

"Metal entrance doors must be of a style approved by the Board and may not be replaced, painted or otherwise altered without prior written permission from the Board or its duly authorized agent acting at the direction of the Board prior to commencing work. Any damage to the entrance doors is the responsibility of the Unit owner."

In my reply to both letters, should I state that my understanding from both letters that the door does not need to be removed, hence I will pay the $100 fine (and include the check)... and leave it at that? Or should I add any verbiage to cover myself?

Thanks,
Gabe

BTW, I added the pics of the original and new door.

Original door
http://farm4.static.flickr.com/3160/2947124787_ef9eeefcdc_o.jpg

New door
http://farm4.static.flickr.com/3160/2947124787_ef9eeefcdc_o.jpg

Garbriel,

Have you checked your CCRs to determine if the board can even fine you before you have had a hearing? Most assn docs state a fine may be levied after the member has had the opportunity to appeal the violation to the board. Also, why didn't you point out to them it was an emergency situation. You didn't have time to ask approval, you needed to install a door immediately.

Gabe,

I see the board's side of it. They have a rule and you broke it. Are they a new board? Are they trying to now enforce rules that past boards ignored? Are they in effect trying to get compiance by making all new doors match the original developer's style?

You and others raise a good point for the rest of us though and that is we should all have lists of the types of doors, windows and such that owners should use for replacement. But in the end they (the board) still want your approval before you rip something out and put another something in.

Gabe, you stated, " also happened to find another unit that had a similar door installed". Is it the exact same door? If it is then to me that door set a precedent and the board should have a hard time denying you your door. Also if it is the exact same door than that is the reason why your board might have backed down on you from you having to totally remove yours.

I once recieved a violation letter that said I had a nail in my chimney and that they were going to remove it and charge me (the board President at the time didn't like me; go figure); the nail had been in mine since I bought it. I then took pictures of all the other chimneys with nails in them, including those of 2 past President's. I was sent another letter by the manager saying the fine would be rescinded. No letter stating, "Gee Dana, we're idiots" or "Gee Dana we could really use someone of your caliber on the board that is able to see the bricks thru the nails." Nothing like that.

As a board member you can't just fine a guy because his wife won't sleep with you.

Dana

DanaB1,

I think you are on the wrong site..this one is to address concerns of hoas and condos..not to criticize typos or misspellings.

Dwight, perhaps Ellen is correct; I shouldn't be so hard on myself. LOL

Thanks Ellen. I'll try to keep my posts to condo's and hoa's.

Dwight is right though, I hate it when I sea spellling airers do two mee knot profriddin'.

Dana