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MarcusB1 (Maryland)
Posts: 18
Posted:
We are in the process of creating a schedule of fines and in doing research I noticed that most HOA policies require residents to submit a signed letter to report the violation. Is having a signed copy of the incident necessary? As long as the Board knows who the person is who is submitting the violation complaint, does it really need to be signed? Or is it necessary for legal reasons?
JaniceM1 (Georgia)
Posts: 27
Posted:
I did a lot of research on this. Most residents want to remain anonymous and would never sign their name to anything that can come back to them.
If you have a Property Manager, they should take the complaint and investigate the stituation themself or if you have committee, such as the ACC, they should check it out.
The bottom line is, who ever signs the violation letter should be the one seeing it.
I would take this one step further, take pictures during the drive through inspections. If you are going to start imposing fines you need to have as much information to support your findings. ALSO, this is a BIG one!!! Do not go and inspect one complaint. You need to make sure the entire street, section or block in inspected. You do not want to have someone accuse you of singling them out. If they try to take you to court, you need proof that you were not bias. Trust me, it will happen and you need to protect yourself and the association.
We had this happen. An African- American family received a violation letter. They contacted the Board and wanted to file suit, claiming the were singled out because of their race. Our attorney asked for all of the inspections that were done that day. We had proof that they were not singled out and could show that other residents received letters for the same infraction.
AnnaD2 (Florida)
Posts: 960
Posted:
Marcus, it's always a good idea to have a paper trail. You don't want to start sending out violation notices based on "hearsay". If someone starts to cry "lawsuit" or "harrassment" it would be a good idea to have physical evidence to back up your charges against them.
MarcusB1 (Maryland)
Posts: 18
Posted:
I guess what I need to know is if the homewoner sends an email to report a violation is that ok?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Marcus,

All I can say is that works in my assn! It would depend upon what the policy of the Architectural Committee or the BOD is. I don't see why an email communication couldn't serve as a notice of a violation. It may not be signed but it does state who it came from. What methods does the board have for verifying a signature any way? Do they have all members signatures on file?
AnnaD2 (Florida)
Posts: 960
Posted:
For us, e-mails are 100% accepted. They're printed and kept on file. But we do require that the sender identify themselves.
MarcusB1 (Maryland)
Posts: 18
Posted:
Thanks for the input everyone!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Emails are absolutely okay.

And we not only do NOT require people to identify themselves, (just as none of our local regulatory authorities like animal control, zoning enforcement, police department don't), we will always ALWAYS strip any identifying information off the report once we load it into our database.

Because the second step of our process is to always have a board member confirm the alleged violation, homeowner identification is not necessary or needed.

A violation is a violation, regardless of who points it out. And since it must first be confirmed (we do not sent letters blindly), it's entirely moot.
ReneeD (Illinois)
Posts: 201
Posted:
Would the property manager also have the authority to fine violators? -Renee
MaryA1 (Arizona)
Posts: 7,043
Posted:
Renee,

The PM does not have the authority to fine violators, only the BOD has this authority. However, the BOD may pass on this duty to the PM, but IMO the violation notice should be signed by the board Pres or stamped "By authority of the BOD" or some such other statement to show that it's coming from the board.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Renee,

Forgot to mention:

The BOD should adopt a fine policy which is provided each member of the assn. When issuing a violation notice with a fine attached, the PM will use the fine policy as a guide. Even though the BOD has given the PM the duty to send the violation notices, the PM must issue the fine as stated in the fine policy.

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