Board's new attitude

Interesting strategy. Are your units all owner-occupied? How does this new board handle renters?

Definitely an interesting strategy, though!

Actually, I recommend against it. The first management company that our HOA used after turnover talked us into going a similar route: a pre-printed carbonless form with check boxes. The on-site PM would walk the neighborhood and if a violation was noticed, she would check the appropriate box and fill out the date and address. She would leave the original at the front door and keep the copy for our records.

Homeowners universally hated it, even if it did get compliance.

I think the biggest complaint about it was that they felt it was too impersonal without really telling them what the problem was. All they got was a check mark next to something like "yard needs attention". Not very user friendly at all.

Now our policy is when a violation is noticed, a one-page Courtesy letter is sent telling them what the problem is, the section of the CC&Rs that covers that violation, and a request to fix the problem within two weeks. If the problem continues beyond two weeks, depending on the severity we either send another Courtesy letter or we send a certified Demand letter (costs assessed to the homeowner) requiring that the problem be fixed. If the problem still is not taken care of, after another two weeks we turn it over to the attorney who sends his own demand letter (with a significantly higher cost again assessed to the homeowner) and if necessary files a lawsuit.

Most people take care of the problem after the first Courtesy letter. We've been doing this for three years now and other than people not wanting to be told that they are in violation of anything, we haven't had any complaints about the letter itself.

Dwight, you hit it on the head. We have a very, very similar enforcment policy.

If I got a "door-hang" on my knob I would think it was another pizza parlor ad and it would go in the garbage.

I don't think that is a professional approach....and it's a very poor "paper trail" policy.

Hmmmmmmmmm. John......I see your point....sort of.

Door hangers are usually used by apartment complexes, motels, hotels, homeless shelters, Salvation Army, or timeshare properties to let someone know that there was work done in/on/or around their unit. VERY impersonal.

You're dealing with people who OWN or bought into an association with an expectation that their property is valuable and that they have a PROFESSIONAL management company AND professional Board of Directors looking out for their interests.

Door hangers are tacky AND alert every other neighbor that there is a "problem" with the unit where it is hung. You owe it to your members to receive a mailed letter if there is a problem.

You're inviting problems if you post (for all to see) a piece of cardboard on their front door. We have "pieces of cardboard" posted on doors all over our county....and they are "Foreclosure Notices".

I don't know why you feel it should be a "scarlett letter" for ALL the neighbors to know you're going after someone? It just sounds pretty cold to me....and why don't you want to send a personal letter to someone?

Thank you MarianneG!!

Anna

John,

There is no requirement that proof of delivery be made. The fact that the BOD mailed the notice if proof enough and equates to a paper trail. Legal documents are mailed every day with no "return receipt" requirement. There is no justifiable defense in claiming you never received the document.

John,

I disagree. My response did not prove your point. A paper trail is established by mailing a notice of the violation. A door hanger doesn't tell the member what rights they have and doesn't state how long they have to cure the violation or perhaps even the exact violation (CCR article ref) being violated. Also, my impression of using the door hanger is cut down on the amount of "work" involved in sending a letter. But, if, as you suggest, a record of door hangers distributed is maintained (which would include the member's name, the date noticed, the violation & CCR ref, etc.) deflates the purpose of using the door hanger. Keeping that record would require just as much work as sending a letter, IMO. Most assn's would use a form letter requiring that the blanks be filled in which would only take a few minutes.

I guess I understand the above back and forth, but I need to refer to my documents. I don't know if posting a violating notice on the door is any more "legal" for my association than posting a meeting notice on a door (which we canNOT do). Our documents specify how to "notice" someone for something.

Also, I come in my house through the back door and rarely go out the front door. I'd miss the notice if that was how I was "noticed". Same for putting a notice in someone's mailbox on the house. No one checks those because we have one of those "mail centers" where the postman puts the mail in there, not on houses.

Yes, Tracie - if your CCRs include advice of violations in the definition of "notice" and if your CCRs specify how "notice" (typically reserved for annual meeting notices, proposed CCR amendments and the like) is to be delivered, then you would have to follow the CCR specified process.

Robert et.al. - Point well made! I stand corrected - particularly as it relates to AZ law.