VIOLATION NOTICES

Reggie of course the remedies outlined in this sample may not fit your HOA; you have to follow what is allowed - mandated in your CC&R's.

From: XXXXXXXXX Board of Directors
COVENANT VIOLATION NOTICE

Dear ………………………..,

It is the obligation of the Board of Directors to ensure that each Homeowner in our Community is adhering to the Declaration of Covenants, Conditions and Restrictions (CC&R's) set forth in our Documents. Our Community is striving to continue to be a beautiful place in which to reside harmoniously with our neighbors. We are all bound to conform to the Articles of our Covenants.

We believe that you are a good neighbor and would not knowingly violate our CC&R’s. Please be advised that the following Covenant Violation exists:
The Violation falls under Article _____________, Section ______________ and is specified as:

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

1. According to our Declaration, the Violation must be remedied within fourteen (14) days from the date of this notification.

2. You can also notify the Board of Directors at the address above in writing, or at any of the following contact numbers, of the course of action you intend to remedy the Violation, with a specific completion date (within that 14 days).

3. You also have the option of having a hearing before the Board of Directors to discuss or refute the specified Violation (within those 14 days).

Unfortunately, any Violation which goes unresolved or has not been addressed with the Board of Directors within 14 days will begin to accumulate a fine of $25.00 per day until the violation is corrected. If the violation is not remedied within 30 days once the fines begin the matter will be turned over to the Association's Attorney for legal action. The cost of legal action and all accumulated fines will be the obligation of the Homeowner.

We look forward to working together to in the continuing effort to keep our Community beautiful and protect the property values of all our neighbors’ homes. If you have any questions or concerns about the above matter, please do not hesitate to contact any of the BOD Members as listed below. The Board of Directors is in place to serve our Community.

XXXXXXXXXX Board of Directors:

glen L has got it. mine were less formal, but similar.

Tell them what they are doing that is a violation.
Copy the rule they are breaking
Tell them what to do to be in compliance
Tell them what the alternatives are (increased fines, legal actions, etc).
Tell them about the process to get in compliance, complain, pay.

and, if you are nice, a few words on why it was all necessary, being a good neighbor, safety/property value/fire prevention/for the kids, etc..

Reggie,
You might also consider looking at other associations near you. See what they use and adapt to your association. Glen's response seems appropriate and as suggested adapt it, as are the other postings.

I mention other association in your area because they may be more aware of any state requirements (if any), and having lived in Maryland, it is not hard to find similar associations. Number of units, Hoa or condo, in city or not, all may effect notice of violations.

I might add that, I, personally don't seem to run across much activity where-as associations talk much to each other. The seem to elect to try and resolve problems by research or internet and they all seem to desire to operate like little kingdoms. I could be way off base also.

To all,
Also, an underused asset:

If you type in violation notices in the search button top right on this page, 1619 items from past postings will come up.

Tim,

As Mary said, never, ever have any violation conversation as a Board member to someone who is in non compliance. You must always keep in mind that someday, some hot shot lawyer may get a hold of a case against the HOA and you would have nothing to prove that it had been addressed by the HOA. I know that you are in Va. but I cite the Florida Statutes reguarding this. They require a written notice, then a certified written notice before you can even call the H.O before the Board or committee to have a conversation about the issue.

As far as coming back to bite you, I suspect most of the time this happens because of something you weren't aware of, and not the things you have considered.

I understand the above makes a case for not contacting the owner personally, but it also opens the door for other considerations.

Opps, I mean: An "informal" written notice can be just as friendly and non-threatening as an oral or face-to-face one, and I have to agree with both Mary and Donna on this tactic.

Michael,
Well voiced Michele. However I take exception to your example being typical. Seems to me this guy didn't need a violation notice to spin off. Not saying this don't happen because it does but I am convinced it is a responsibility to all members of the association to feel obligation to try to maintain order. This has to be tempered with reason and wisdom and rules of society,.. without that we would have choas. I think the Boards should be very aware if they are going to insulate themselves from the membership, they have to be aware they do this with a penalty. They will never be looked on as a member of the group at large. I say this because many times the size of the association and the physical complex does blend well to a more congenial atmosphere. I see nothing wrong with treating your board as a neighbor and feeling comfortable talking business with them. After all, we discuss Association business with our neighbors, why not the board?

Donna,
See ((((((( )))))

Robert,

Okay, here is my thought on how to handle the violation letter. You brought my experience back to light with my large association in Florida.

When you have a large developement like we had,(((((((((How about anything less that a large development))))) chances are that the entire Board together probably knows by face or reputation, perhaps 20 or 30 percent of the membership.

When a violation occurs, some of the violators are real turds,((((((Need I point out the obvious, some board members fit this catogory))))) most are nice folks and a few are going to fight no matter what the matter is. ((((((Same for Board members)))))))

Do we have different tones in the letters, nice guys getting the nice letter and the fighters get a stern letter? NOPE!!! ((((((((No one suggested that. I said or meant to say, a friendly visit might be appropriate if the violator was know to the Board. And that is exactly what happens in some associations, and happened in the incident you described)))))))))))))))Everyone gets the same, business like, to the point letter. again, you all must remember that this is a letter that gets documented and put on file for future use if nescessary. It's not a thank you note or an invitation, it's a notice to comply. Not a nasty letter, just to the point. Everyone seems to be so worried about being neighborly when you should be conducting association business. You have to be seperated from Board and neighbor position when doing your job. ((((((((((((((((((I have no problem with documenting the violation. Have the board member write up an incident report and file it that he noltified this violator.(((((((((((((((( As far as everyone worried about being so neighborly, nothing was said that implies
EVERYONE has to be neighborly, this is just me talking. If the Board HAS to be seperated from the owners, then that means the owners are separated from the Board by the Boards election. You think this is healthy))))))))))))))))))))))))))))

Well, I'm not really claiming my example is "typical." I'm only claiming that when it comes to talking to someone about something they've done (even if what they have done was inadvertent) that requires them to fix it somehow, one can really never predict how that person might respond, face-to-face.

As I said, our president really truly thought he was on good terms with the neighbor. He was very tactful and was in no way critical or harsh. More of a "by the way," "you may not know" kind of approach.

The neighbor went off his rocker. He was highly offended. He got very angry.

Our president would never, EVER have gone to speak to him if he thought the guy would respond that way. That is really my point. This guy was totally normal, IS totally normal. But it's a basic human reaction to get defensive when one senses that one is being challenged. Plus, he may have been embarrassed. We can psycho-analyze it all we want from our armchairs, but trust me when I say that no one who knows this neighbor would ever have guessed he would have responded that way!

Now, I completely agree with you the board interacting with the residents. In fact, I think it's an imperative. Now, there's no way all board members can know all residents, except in very small HOAs, but we all get out into the neighborhood for various reasons. I think board members that build a wall between themselves and the rest of the community do not really understand their role and function.

But I still strongly recommend never dealing with VIOLATION notifications face-to-face, even informally or "off the record," or just as a "heads up" or an "FYI."

It's like doctors, in a way.

When you go to the doctor, you talk to him about all sorts of things regarding your health during the visit. But when it comes time to get your shot, who gives it? The doctor? Generally not. Generally it's the nurse, because the doctor does not want to be seen as the one "hurting" you.

Give your members all the face-time they can handle in every area or topic possible, with the exception of the violation notification.

That's all I'm saying.

Reggie,
Egads!....two pages for a courtesy notice.

Why not more in the tone of: "It appears you may not be aware that the (specific violation) infringes on the covenants of our association. Cite specific violation. I thought you might like to be made aware of this.
Please feel free to discuss this with (whoever) to arrange a resolution.

Please be aware that our governing documents mandate that the BOD is directly responsible for enforcement of these covenants and we attempt to take our responsibilities seriously. We are willing to discuss this matter with you in the next 30 days, at which time we are again mandated to enforce our covenants and you routinely will receive a second notice.

But, we stand ready to discuss this process with you. Let's work together and resolve this issue before it becomes another legal issue that this board tries very hard to avoid."

Probably lot's wrong with this but I do think the tone is friendlier.

Confronting a member orally, in regards to a violation, forget it. I don't mean to sound snobbish on this, but anyone with any amount of experience as a Board Member will tell you that you should expect this reaction, or else when they come to the Board meeting to appeal, it will be a "he said" "she said" situation and a big argument will begin at the Board meeting. If you handle it orally, there will be no record of it, other than your statement.

The most effectient manner is to issue a written violation notice. If they come to the Board meeting to appeal, the Board can then listen to the appeal and then vote to rescind the violation or issue a fine (as the rules allow). Normally, the first is only a warning.

What ever wors best for you Robert. We need to be as consistent as we can in enforcing the Rules and Regulations. I did not mean to imply that we never make a face to face contact. I just meant that by issuing violation notices as specified in the CC&Rs or Rules and Regulations, you keep a cleaner trail and you won't be accused of selective enforcement.

What if your golfing buddy says no to your request to remove his parked boat? Then what do you do?

Robert,

Here's exactly what happened in my former assn of only 49 homes.

A member was sent a violation notice and given a certain length of time to cure. The day came and went and the violation was not cured. The Arch Comm Chair (his neighbor) had a friendly chat with him and made it clear that she woud give him one more week to cure or he would be fined. He agreed. Again the time came and went and the violation was not cured. The A/C Chair then sent a letter imposing a fine and another date to cure. The member then visited a number of the residents on the street claiming the BOD was sending him fines of $60/day (not true) and he didn't know why. He also claimed the A/C Chm said he didn't have to repaint his gate (also not true). I began receiving complaints from other residents on the street (I lived 3 doors away from this guy) for the way this member was being treated. It turned into an ugly situation! The board met with the member; he cured the violation w/i one day after our meeting and the fines were rescinded. The BOD passed a rule that ALL communications with members must be in writing!

Mary,
You will have to admit you are talking about the exception and not the rule.
Now you association forbids anyone to verbally inform anyone of a rule violation. Where is your defense if anyone observers a detrimental act and don't act for the preservation of the association? How do you defend a Board Member that tells his Buddy he is in violation because he knows his buddy don't know he is violating anything and will abide by the rules if he knew them.

No way can your association NEVeR tell anyone verbally not to do something.

I am not saying you are wrong and I am right, I am just saying this business must be addressed and may require immediate action. It happens all the time.
Would you let a speeder run your roads with children playing in the street and give him fifteen day notice to stop. Case in point, kids are playing in street, you observe speeder running through streets and coming back and doing it again and again. Call the cops..........sure.........buit until the cops get there, are you responsible?

A question not easily answered but happens all the time.

Tim I'm glad your system works for you but it is unwise IMHO to allow a single BOD member to make decisions on compliance issues. We had a former Board member who was like that, H/O's would ask him when he was out walking his dog if they could do this or that and he would reply yes. Then the matter would come before the BOD and we became the bad guys telling the H/O's no and we would hear: "But X told us we could."

All,

I am totally against anyone, Board member or property manager or "enforcer" to verbally address any H.O with a violation, especially in a one on one conversation. It needs to be on paper no matter what the issue is. If someone in violation or even doing a verbal request to any Board member or P.M, meets somewhere and discusses whatever the issue is, there is no proof of what was said and if it was understood by either or both parties involved. That is where he said, she said gets lost in translation and certainly would never stand up in court or in mediation. Never ever is this procedural so why does anyone think that it is okay to do.

Donna,

I couldn't agree with you more! However, I would say to Tim, whatever works for your assn is fine, but don't be surprised when it comes back to bite you. It may not happen today, tomorrow or next week; but there may come a day. . .

Worst case scenario: your HOA finds itself in court defending a CCR violation action. If you think any of those verbal communications, even if documented by the board, will hold up, better think again.

I completely disagree with your point number 1, Tim.

As I stated on the previous thread, there are all sorts of ways that a board can foster a sense of community. Telling someone to their face they've done something wrong is not one of them, and the fact that you've been lucky enough for it not to bite you in the rear (as someone else already pointed out can and will one day happen), does not correlate to your presumption that doing violation notices this way does (foster a sense of community).

And you could still have "learned" of the necessity for the lawn chair in a written notification process as well.

Using the "excuse" that because a previous board sent badly worded or badly written violation notices does not hold water.

The solution to that is to rework your violation letter, not go to a process that when it backfires, has the potential to backfire with extreme prejudice.

I'm glad there has been no issues yet.

But each time you or another board member approaches a resident in person to notify of a violation, you or he is pushing that envelope.

And simply writing up a "report" is no protection.

I'm not trying to be disagreeable, but this really is a poorly thought-out process and your "pros" are slim at best. The potential "cons" far outweigh the "pros" you listed.

And, IMHO, Tim does not have it pegged at all, especially for this specific "communication."

No one is at all advocating that people cannot or should not "converse" with board members or visa versa.

And damage of property that requires immediate attention to either preserve the property or prevent personal injury is, with all due respect, an example of apples to oranges.

Vandalism, property damage, imminent personal injury would require immediate intervention that doesn't necessarily qualify as a "violation notice," nor even a board or committee member.

If any homeowner were to come upon something like that, then of course they would intervene to protect property or prevent injury.

The board members of my community (composed of upwards of 600 people) are out in the development all the time. We have board members who take regular "walks" with neighbors and friends as part of their health routine. They stop and talk to other residents out all the time.

People will come up and ask, "Hey, I'm planning on putting in a deck. What do I need to do?" and the board member will tell him. We even have one board member who has experience in the construction business and he talks to residents all the time about various projects they want and how to do it cutting costs etc before they fill out the forms and send in the request.

But he never EVER EVER gives "verbal approvals."

If a board wants to foster a better relationship and sense of community with the residents, again, there are tons and tons of ways to do that.

But approaching people face-to-face about covenant violations is not and should not be one of them.

Off topic, but this sentiment reminded me of a situation many years ago when I worked for a local attorney.

A young couple was getting a divorce. They had no kids and had not been married very long. They owned no real property and had no joint assets.

It was supposed to be a quick, cheap, in-and-out divorce.

Then came the rabbits.

They apparently had a couple of rabbits. Each wanted both.

Neither would budge.

Suddenly, instead of spending a few hundred dollars on a simple divorce, they ended up with over $7,000 spent between them -- over rabbits. (keep in mind that $7,000 is at 1980s rates)

Rabbits. During the course of the divorce, one even died. So, that left just one rabbit. And they both still wanted it.

These weren't "show" rabbits, or blue-ribbon winning rabbits. Just. Rabbits.

I'll never forget that.

Mary and Michele,

I don't think if the question is asked: which is the preferred and encouraged method of notification is the safest and most professional? Of course, a written notice is first choice, Makes sense.

But that is not the end of the story and reality has to be faced. The exception you are citing, in my opinion, are not justification to say: here is the Law, it must be obeyed in all circumstances. Of course you can put it in your by-laws and turn around and make exception and protest it is apples and oranges if it don't fall under the umbrella you have accepted. So I say, do it, the Board has the authority, no one ever said they didn't.

But be assured that your law or rule or whatever is not going to be all-encompassing. There will be exceptions and you will have to live with them. And you can run into trouble with some documents that specify that each and every owner has a responsibility to protect the common property, and there certainly is a difference in the definition of common property regards a HOA and a Condo. You both have not answered specific questions, but I'll pose another; Most condos and HOA are likely to have pools and club houses. You post the rules and regulations. What would you do about a family that was present and the kids were walking around with glasses in their hands. Would you go back and have a Board meeting to discuss this and vote on sending a written letter. It is clearly a violation, it is in plain view, a responsible person is present, it presents a danger to others. In fact, many pools have hired Life Guards to do the enforcing, do they also send letters?

On top of all that I am concerned that there seems to be some denial of the fact that it goes on all the time. It goes on in your daily life, people are people and for the decree to come out that you can not act like people just doesn't seem proper. Don't swing this around to saying it don't happen in your place. It does, you know about it and you make adjustments, just like people. Do you go after the guy that spoke up and threaten to fine him, under your dictum that there is a law against anyone noticing a serious violation, do you? Have you taken them to court? You are quick to justify your position by anecdotal incidents that happened in the past.

How many associations have an enforceable rule/law like this and actually have punitive measures on the books that are enforced, if the rule is broken.

Mary,
You are much too harsh in saying I am ridiculous in the position in the position I have taken. I was doing nothing but following your examples of some anecdotal references and that is what mine are.

You also directly ignore that I said if the Board wants to make the rule about the covenant they have the authority to do that, at their peril. Now, can the Board change the covenants to read that? That's a good question and of course, certainly not without a vote.

You also refuse to read that I agree it is preferable and recommended to inform in writing. I say it happens all the time and this post you seem to agree and there are exceptions to the rule.

But........not to worry.......good discussion and voices heard........who can ask for better.

Robert,

Sorry, I meant your statements were ridiculous. You know I don't think YOU are ridiculous! I think "one" time I made a ridiculous statement too!

Actually my "example" was anecedotal, but yours weren't and that is a big difference. Unless, of course, you're saying the scenarios you spoke of really happened????

If a board were to adopt a rule to only use written communications to notice CCR violations, that doesn't mean they should amend the CCRs. This would only be a board-adopted administrative rule, meaning it would only apply to board members.

I agree -- a good discussion, even if we don't totally agree with one another. But, Robert, you must remember that I'm always right!!

Well I think that clears that up.

I have counted the words in Michele's posts and counted mine and we come out pretty close. Mary does not count because we all knew going in she was perfect and serves as a balance beam. Ellen speaks well and has a good story and adds all notices for all violations should come from the management company. Now, let's all go down to the local pub and get snockered and when we close up the place we will go back to Mary's house and raise hell with the neighbors, I understand the weather has cooled off enough we can have a fire in the fireplace and roast marshmallows.

Problem solved.........another display of good advice given by good people to other good people who want to do good for all good people, except for that no gooder who shall remain unidentified.