warning violations

Maybe there is still some additional work to be done that you are not aware of. Maybe they plan to have a pool fence to protect children put up, and need the construction fence up a little longer. There could be any number of things.

First the board must determine that all of the planned work is completed before taking any action. Then a friendly call or letter to them may provide a lot of answers.

No "combat" is required. A construction fence up for a short while after it is believed that the construction may be all complete is a very minor issue.

In that case, the HOA should send a first friendly letter to the homeowner advising them that the construction fence should be removed. Advise them of the exact coventent in the CCR's that they are in violation of. Request them to remove the fence within x days (your rules should spell out the number of days).

If the fence is not removed within x days after the letter, then send a second letter stating they are in violation of xxx of the CC&R's and that fines of (whatever is called for in the rules) will begin on x day.

The first letter must be a friendly reminder, so as to keep good relations with the neighbor.

If they state they need time to get a fence up to keep the dog in, then the board should comply with their request by giving them a certain number of days to get a new fence up.

Thank you all

Cindy, to answer your question, the following post describes procedures we use. First your Board (approval of owners is also recommended)should establish Rules and Regulations and provide them to all owners. Then follow those procedures in dealing with violations of restrictions. I also recommend using the Golden Rule and being sensitive to and anticipating the negative reaction of most owners.
--------------------------------------------------------
RogerB
Posts:1159
Posted:09/20/2006 3:32 PM Quote Reply
Joe, following are the rules and regulations for enforcement of covenants and rules which I have recommended.

Rules and Regulations on Enforcement of Covenants and Rules

In order to maintain property values, safety, and quality of life the Association enforces restrictions itemized in the Declaration (Covenants), Bylaws, and the Rules and Regulations (sometimes called Policies and Procedures). This may be referred to as Covenant enforcement, or Covenant control, or Covenant compliance.

The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. First a warning notice will be sent advising the owner of the restriction which they are violating. If it is not corrected promptly a Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation.

To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision.

When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs.

Cindy, I doubt that your CC&Rs state the procedures to use when there are violations. If they do then just follow the procedures outlined in your CC&Rs. The procedures I listed provide 1)Waring letter - advising on violation; 2)Violation Notice with all necessary information including a right to a Hearing; 3)Fining process; and 4) Legal procedures to follow in order to force correction.

One purpose of having R&Rs is to state policies and detailed procedures and provide this info to owners in advance.
All owners should have the right to appeal prior to fining.

CindyB2:
In Texas, the Health Dept. also is involved in the safety of a pools in yards, and at the community pool, as well. Their requirement, even if the HOA has one or not, is a four-foot fence surrounding the pool with self-closing gate if there is not a fence around the property (which they all have) and in the case of the fence on the property it must be 6 or no more than 8 feet unless more than 8 feet approved) and with cross-boards on the inside, so children cannot climb into the back yard from other side into the yard with pool. If both backyards have a pool--they either double the fence so both have a flat surface or not bother with it since both yards are an attractive nuisance either way. You might check to see what your local health department could do to help also.
EdR

All,
So the homeowner took the fence down, but left a section that is about 3 feet long at the back of his property, it doesn't look to be serving any purpose at all. Any thoughts on this?
CB

Cindy, if the 3' of fence is a violation of restrictions then send them a violation notice. Ask them for the reason they left this 3' of fence and why they think a fine should be deferred.