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Subject: Sending a letter
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Author Messages
GlenM5
(Tennessee)

Posts:5


06/28/2019 3:33 PM  
IF the HOA believes something is in violation, do they have to make a motion to send a letter?
SheliaH
(Indiana)

Posts:2735


06/28/2019 3:40 PM  
Nope. Usually, there's already some sort of process, such as doing a community walk-through and discovering the violation or investigating a complaint. The letter should cite the CCR or community rule that's been violated and request that the homeowner fix it. It might be a one-time thing, in which case the homeowner should be reminded not to do it again. Depending on the violation, the letter should also provide instructions on filing an appeal, such as sending a letter of explanation or asking for a hearing.
GlenM5
(Tennessee)

Posts:5


06/28/2019 5:06 PM  
so as long as 1 person on the board thinks its a violation they can send the letter?
BobB31
(Florida)

Posts:126


06/28/2019 5:23 PM  
Think of it this way: it's not the board sending the letter, it's an officer appointed to enforce the rules that is sending it. The board does not need to get involved - it's a day-to-day administration thing. Officers do that, not directors. Directors make the policies that the officers enforce.
SheliaH
(Indiana)

Posts:2735


06/28/2019 5:30 PM  
What do your documents say about rule enforcement? That's what really should be driving this - if there's a violation, the homeowner should be made aware of it, but if rules enforcement is to mean anything there should be a process. When board members discuss violations, it generally goes along the lines of "we're seeing more problem in X", "we don't have a rule on Y," "Z rule needs to be updated", "Mr. Homeowner is requesting an appeal - when do you want to schedule it" and so on.

You need to provide more details - the devils and the angels are in the details, and I, for one, don't like to give slapdash answers to serious questions - especially when the lack of data can turn an issue on its head.

So, what's going on here? How is the process supposed to work in your community? Technically, individual homeowners can enforce the CCRs against each other, so if this particular board member has an issue, a better question may be if he or she has spoken to the homeowner about it. And what's your role in this - are YOU the board member or the homeowner? What's the violation? Has anyone made the homeowner aware of the problem and if so, what's the response?
DouglasK1
(Florida)

Posts:1466


06/28/2019 8:22 PM  
In our case the ARC sends violation notices, not the board so there would certainly not be a board motion.

Escaped former treasurer and director of a self managed association.
JohnC46
(South Carolina)

Posts:8807


06/29/2019 9:17 AM  
We do not have a formal procedure for sending a violation. We do pass the violation by the BOD and if several agree and no one disagrees it happens. We have never had a BOD Member say no. Our MC sends the violation letters.

GenoS
(Florida)

Posts:3298


06/29/2019 10:12 AM  
We don't have a set procedure either. The board discusses every violation and decides whether to send a violation letter or not on a case-by-case basis. There was a time when I would have thought the OP's question a ridiculous one. Until I started seeing the same thing happen in my community. We desperately need a violation/fining policy along with Architectural Standards in my association.

Last week's board meeting included a 20-minute discussion about whether or not homeowners wishing to install hurricane shutters needed to obtain approval first. We had hired a MC to help with "being the bad guy" on the subject of violations, but the board fired them before we even got a fining policy, procedure and schedule put into place.

Some boards want to micro-manage. Especially the more ignorant ones. It makes them look like they're doing something.
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