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SherriH (Oregon)
Posts: 5
Posted:
I am on the transition team for the HOA of the condo association I live in and a newbie to HOAs. Already active in having the CC&R's enforced I am confused on how to handle without discrimination the reporting/enforcement of CC&R's for new condo residents just settling in vs the constant offender. Should the HOA and community be courteous by allowing new residents to break the CC&R's (parking on street, sidewalk, guest only spaces; water hose left outside; cat outside without leash; etc)while they struggle to move their family in and how long is that courtesy extended? I have noticed several constant offenders make an effort to conform to the rules, while next door the new resident is breaking the rules. Since we are still having construction done in our association, with people moving in at different intervals, it becomes a slippery slope with the next new resident seeing how the previous new resident is not observing the rules and following suite. Any input on what would be the courteous or right thing to do with new residents appreciated.
RogerB (Colorado)
Posts: 5,067
Posted:
Sherri, all owners should be made to comply with restrictions from the first day they own the property. We welcome all new owners, provide a new owner packet, and answer their questions. The right thing to do is to maintain consistent enforcement on all violations of restrictions and to treat all owners equally.
SherriH (Oregon)
Posts: 5
Posted:
Thanks, your answer truly reflects how I feel and makes it a lot easier in enforcing the "law" - let your yes be yes and your no be no! I just saw 4 people (guests) hauling their luggage up the hill, so I am surmising that the guest parking in our area is again full of residents and our guests are having to park (probably illegally) in the parking reserved for our sister condo association guests.
BrianB (California)
Posts: 2,820
Posted:
we try to practice the one shot across the bow approach... a nice mention, friendly if possible, of the violation, with suggestions on how to fix it, stop violating it, etc..

for example, Notice you have a boat in your driveway. that's a violation of the rules (quote the rule). I am sure your neighbors who also own boats could provide you with nearby storage facilities they use, recommended places, etc. please remove your boat by X, or we will have to asess this fine...

one warning, then fine. that's one warning period, not one warning for every offense.
SherriH (Oregon)
Posts: 5
Posted:
I don't know if you can appreciate the "humor" in this or not - but I have been posting my reports of violations (parking) at our property management website. They finally sent me an email response about how I keep sending in the same license plate violations (that's a big clue there) They explained that the property management sends the first letter regarding the violation and gives the resident 15 days to respond, if they do not respond and do not cease violating, then they are fined. So I told them I could understand that and how reporting every 2nd - 14th day is useless then. What I wanted to know from them is why over 3/4 of those I keep reporting I had been reporting for over 3 consecutive months and they are still violating! Hopefully once we transition to being the HOA for our community we can enforce this more with stickers on car windows and "No Parking", "Guests of XXXX Parking Only" signs. Sigh....
HaroldS (Arizona)
Posts: 906
Posted:
I don't know what state(s) Brian and Sherri live in where they can notify a homeowner of violation and then fine. Here in Arizona we still have due process. We've even added an administration law judge where we can file a complaint, and the HOA cannot follow thru with the violation until all these avenues have been exhausted. Furthermore, if a fine goes unpaid, the only way to collect is to file for a judicial judgment in order to place a lien on the property. Un-liened fines cannot be collected at close of escrow either. Lots of lawyering work here if you notice. I wonder who wrote those billls? Harold
SherriH (Oregon)
Posts: 5
Posted:
I am in Oregon - here is what the Rules & Regulations Manual says.

FIRST NOTICE/REQUEST FOR HEARING
When a possible violation is noted, the responsible Owner will be notified in writing of the violation. In this notice the Managing Agent will identify the violation and ask the Owner to correct the violation within a specific period of time. Normally the time given to correct the violation will be 15 days. However, a shorter time may be specified because of safety concerns, or if required by the Declaration or By-laws.

The homeowner is also given 10 days from the date of this letter to request a hearing with the Board of Directors. The purpose of a hearing is to provide an opportunity to be heard for the Owner to discuss the alleged violation with the Board of Directors. When an Owner does not agree that a violation exists, the Board hearing provides the Owner the opportunity to present the relevant facts in support of that position. If the homeowner does not request a hearing, it is assumed that the owner agrees there is a violation.

NOTICE OF FINE
If it is observed that the violation has not been corrected by the deadline in the first notice to correct and the homeowner has not requested a hearing with the Board of Directors, a fine notice will be sent to the homeowner notifiying them that a fine of $75.00 has been imposed.

Should the violation remain for another period of 15 days ( violation would then not be remedied for 30 days), a second fine of $100.00 will be imposed on the homeowner's account Should the violation remain for antoher period of 15 days a third fine of $250.00 will be assessed. The Board will then review for additional imposition of fines or legal action to gain compliance with the Association governing documents. All fees, charges and costs incurred by the Association in relation to gaining complianced, will be charged back to the Owner in violation.

Violations are progresive meaning that only one warning will be given per cited violation type within a one-year period.

PARKING VIOLATIONS
Violations of any parking Rules & Regulations may result in the vehicle being towed at the vehicle owner's expense without prior notice of any kind to the vehicle owner. The towing company will document al lvehicles that are towed and neither .....will be responsible for refunding any of the fees charge by the towing. The Association may impose fines in addition to any fees levied by the towing company.

OTHER ENFORCEMENT
Following impostion of fines, the Board of Directors may also elect to suspend the right of an Owner/Resident to vote at meetings of the ... for 30 days, or in the case of a continuing violation, including without limitation, the nonpayment of assessments which have become delinquent, such suspension may be imposed so long as the violation continues.

In addition to the imposition of fines, the Board may take any other legal action it deems necessary to enforce the Rules & Regulations of the ....

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