BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Most HOAs have a similar process to this: Illegal act noted, letter sent to violator with potential fine, info, etc. Give violator time to fix action, or appeal/talk to board about fine. If no action, fine is assessed against homeowner... that's the basics of most actions.
Now, let's say that someone parks illegally. we do all three steps, and assess them a fine. Or, they agree to remove the vehicle at step two. However two weeks later, they park illegally again. Do we go back to step one, and send a letter, give them a chance to appeal, etc.? Or, did we establish the "crime" already, with the first one, and give them their appeal already? Do we need to "restart" the process with every action? Or, can we assume "Hey, they have been told it's illegal, and they continue to do it. They did/didn't appeal, and continue to do it, so this time, we send them notice that another fine has been assessed, period."
Take the fence issue from another thread: Board notifies of illegal fence. owner removes MOST of fence, leaving some in violation. Does the process start over, and now we tell them the remaining fence is a violation, give them time to correct, etc.? Or, do we just fine them for not removing their fence correctly?
I see the same issues with parking, weeds/lawn care, etc.. Do you warn someone every time they let their weeds take over, or is one warning enough, and after that, it's just a notice of fine? How often do we reset the clock on violations?
thoughts?
Now, let's say that someone parks illegally. we do all three steps, and assess them a fine. Or, they agree to remove the vehicle at step two. However two weeks later, they park illegally again. Do we go back to step one, and send a letter, give them a chance to appeal, etc.? Or, did we establish the "crime" already, with the first one, and give them their appeal already? Do we need to "restart" the process with every action? Or, can we assume "Hey, they have been told it's illegal, and they continue to do it. They did/didn't appeal, and continue to do it, so this time, we send them notice that another fine has been assessed, period."
Take the fence issue from another thread: Board notifies of illegal fence. owner removes MOST of fence, leaving some in violation. Does the process start over, and now we tell them the remaining fence is a violation, give them time to correct, etc.? Or, do we just fine them for not removing their fence correctly?
I see the same issues with parking, weeds/lawn care, etc.. Do you warn someone every time they let their weeds take over, or is one warning enough, and after that, it's just a notice of fine? How often do we reset the clock on violations?
thoughts?