Municipal Code Enforcement

I am just wondering...can we have something in our documents/policies/anything regarding calls to code enforcement?

In our tiny 19 unit townhome subdivision, we had a renter call Code Enforcement on us. After getting the violation taken care of, I did speak to the renter who called code enforcement. I guess he's just used to escalating things really quickly or he's lived in a slumlord house or something. I told him we had taken care of the problem, and that in the future, if he notices something, to please come and knock on my door before escalating to the law enforcement level.

Had he come to talk to me, I would have still called the contractor who left the stuff out that violates our city codes. So, my question...is this something we could put in our documents? Our "preferred" method of handling things (internally) before we get outsiders involved. I'm not trying to tie anyone's hands or keep people from exercising their rights... I just think that "common sense" dictates trying to resolve things at the lowest possible level. Why take a chance of getting our association fined when it could be resolved at the association level???

By the way, my code enforcement officer was VERY NICE and VERY APPRECIATIVE that I responded immediately to his verbal warning. He noted that on our property file.

Just wondering...Oh, and I did treat the renter with all due respect, just as if he were an owner...

Eva, I just posted my comments about this on Tracie's other thread: Rules and Regulations. I agree with you.

Again...I do SERIOUSLY appreciate ALL the comments...even the ones that put me back in my place! I need to learn, and all this is GREAT!!!!!!

Tracie- you are assuming that the CCRs will cover the SAME things as muncipal code enforcement.

Maybe the homeowner thought that his problem would best be solved by going to an agency he was sure covered his problem.

Did you state WHAT the particular problem was?

The problem with this here is that code enforcement does not and will not address issues with an individual that are also addressed as a rule or covenant matter for an association. they go directly to the association manager or board president and start pressure on them to get the problem corrected and if they do not then the onus and fine rests with the association and not with an individual owner. but in this case i beleive that Tracie was referring to a matter that had to do with association common property and calling code enforcement only created an additional level of required reporting when the matter was corrected. code enforcement was "after" the association rightly to correct a problem so there would not ahve been any "taking the monkey off her back" in this particular case.

Ann,

Sorry, but I have to disagree with you. To say that code enforcement will not address an issue that is also a covenant violation is grossly wrong. Perhaps not in the city in CO where you reside, but here in Glendale, AZ it's simply not the case. I have worked with City code enforcement many times asking them to address a violation that was also a CCR violation. All they care about is that it's a City code violation; and if so they will be happy to enforce.

With regard to Tracie's reason for her proposed rule, whether the city code violation occured on common area or a members front yard, any resident of the city has a right to contact code enforcement. Perhaps Tracie's board should be more conscientious in keeping the common areas cleaned up. But, to state a member cannot call code enforcement would be, IMO, a violation of that member's civic right. I don't believe the BOD has the authority to tell members when they can and cannot contact city code enforcement. IMO, that just smacks of being just a bit too dictatorial.

Tracie, no you are correct to encourage the process, it's just not a good idea to make it a "rule or regulation." It would give the impression (falsely, obviously, but still...) that you might be trying to regulate or control their access.

That's all we're saying.

By all means communicate an on-site reporting process, but avoid placing it as a rule or regulation.

That should go more under, "suggested guidelines."

Unfortunately the code enforcement officers will in fact conatct an association directly and if the associatio has a rule or covenant that can be enforced versus the city enforcing they will require the association to take the action rather than them. but as a practice the officers here are not too ahrd assed and that makes it a more pleasant experience.

Ann,

I don't think you should state with such certainty that this is standard OP. That system does NOT apply here in Glendale, AZ and may not apply where Tracie lives in CO. IMO, a board member should get to know the code enforcement officials and work with them. If Tracie's code enforcement guys happen to work that way then she will know how to proceed; but if they're like mine, the modus operandi will be much different. Here anyone who reports a violation, whether it's in an HOA community or not, will receive the benefit of a visit from a code enforcement official; and if a violation is found to exist, a notice will be posted.

I'm not sure about how it works everywhere else, but Colorado, in general, is a VERY relaxed area of the country. Yes, we have laws, and codes, and enforcement, and everything else, and last time I checked, we are a part of the Union. I'm originally from Michigan, and I've lived in a few states, and I've never been in such a relaxed area.

At this point, I have enough on my plate without starting to court the code enforcement folks. I've lived in my townhome for over 7 years and I've been on the BOD for over 4 years. This is the FIRST time we've ever had any problems from Code Enforcement, and now that it's resolved, I don't really anticipate anymore problems. The person who called Code Enforcement was a renter, and he didn't contact his landlord first. I've spoken (NICELY) with the renter, and now that he knows how "we roll", I'm HOPING (keeping fingers crossed) no more problems.

Finally, just to post a partial answer... The violation is not something that is included in our association "documents", so it's not something that the Code Enforcement people could force the association to take care of. The violation was strictly a city code issue. Since the violation was a result of our association contractor and the violation spanned the front yards of more than three units, I took care of the problem as the association property manager.

I will be adding wording to some documents somewhere after our annual meeting (as long as everyone agrees - which is also how we roll here...) about property concerns and how to run them up a chain of command (really bad wording there, but it's the best I could come up with).

Thanks all!

Hi MaryA,

All that is fine, but I never said I wanted to "require" anyone to do anything. I even stated again how I would never try to infringe upon someone's rights like that, I'm a registered Libertarian, so I am not supportive of laws just for the laws' sake.

Again...All I wanted to know, and all I wanted to do, was to see if I could put something somewhere stating that we would "PREFER" that situations were handled at the lowest possible level.

I do appreciate everyone's insight!

Jeeezz...now I need to send out a newsletter????

I get your point, and I appreciate it! Thanks so much!

Then you should get after you city council and demand that they get those people into line. Who in the H__ do they think they are in abdicating their responsibility to the HOA? You pay taxes the same as anyone else and thus are entitled to the same services.

If need be, fire (as in vote out) ever member of city council.