receipt of Violation notices by certified mail

We am currently awaiting a reply from our attorney on this subject, but have always found good advice (and quickly) here, so I thought I'd tap into the vast collection of knowledge here.

We have one HO who is currently in violation of our CCR's. Last Saturday night they parked a big RV/camper on the FRONT LAWN of their residence. It is so obviously in violation as to be ridiculous. The first thought that came to mind was "What were they thinking?" We are a small community of one family homes on 1+ acre lots in a prime area. This same HO was cited for parking a boat on the side on his house (also in full view of the street, public right-of-way and neighboring Lots, got a Violation Notice and remedied (they built a fence to shield the boat). From the past incident, they are fully aware that they are in violation (also both husband and wife had served on the BOD for one term each).

The question arises in our Notification. The BOD sent a cordial "reminder" of the violation with 7 days to comply before the next Violation Notice is sent. This "reminder" notice was sent certified mail, and the HO's are not signing for nor picking up the Notice.

What do we do now?
By the HO not picking up the Notice, does mean that they were not notified?
Can a HO stall the process by saying that they were not notified?
Does the BOD wait and for how long for them to pick up their notice?
Can we send their second Notice if they have not picked up their first?

This is the first time that we have been presented with this so it is new to us. We are fairly new and have been able to get compliance with the threat of legal action and the HO being responsible for legal fees.

Does anyone have any advice on this? I surely am curious.

Thanks,
Gloria

We also send both certified and regular mail as well as post one on their door. I've also heard of something called "proof of mailing" that you can get from the post office but have never asked about it. Good luck!

I am glad you asked this question as we are writing our procedures and this is not something we have planned for. I will ask our lawyer. Our laws require us to notify members by certified mail before we can implement fines or pretty much anything. We have the receipt from the post office that shows the date we sent something certified mail return receipt requested and I think having that will help to show that we are trying to follow the law, wether or not the person will accept it. We currently have a procedure that says "X amount of days from receipt", but we should probably add "or X amount of days from date sent if undeliverable to last known address."
Good Luck

Gloria, I would NOT suggest you drop one at their mailbox.

It is illegal to open or put anything in a mailbox.

One thing that we do is send the notice regular mail as well as certified, but with a return address that the homeowner does not recognize.

We have letterhead envelopes, and then we have plain envelopes with just the PO Box number on it.

It's not likely they know the HOA PO Box by heart, but if we think that they might, I just put my husband's businesses return address on it.