Streamlining Violation Report

TerriM1

What you are looking to do is something I have given much though to and have come up with a form which specifies the exact violation.

First you must follow your governing document to the T as far as violations are concerned. Our states we must notify the HO in violation with a written letter (violation notice) by first class mail, explaining to them that they have 15 days to comply or be fined (determined by the board)at which point a follow-up inspection is performed (15 days later), if the HO is still found to be in violation. A fine letter is mailed (certified and 1st class).

It certainly is a lot of work however, I feel that it is has been very effective in getting HO to comply in a timely manner.

Best of luck
Chuck W.

We have a standard letter into which we can cut and paste the actual language from the CC&Rs. Also a database with property owner's names and addresses that can be pasted.. It take just about five minutes to write most violation letters.

To All - Who is the "sender" of your initial violation letters? Is it from the Board of Directors, or the Property Manager on his letterhead? Who decides the actual violation letters be sent out? Thanks.

There is no hard and fast rule about who's letterhead should be on the violation notice. A smart management company will want the association's name on the letterhead and signed "The Board of Directors"; the board will want the management companies name up top and the manager signing it; both designed to deflect the heat somewhere else first. It's really up to how you negotiate it in the management contract.

And yes, the police don't give out sugary violations, but they do issue warnings instead of citations sometimes, and managers/board members can't arrest you if you don't like the format of, or the reason for the ticket. So, since you're going to have to live with these people, it doesn't hurt to try to be nice when you hand out the first notice. The hammer is always available for the second one.

Joe

Brad, we just interviewed a new HOA attorney, very sharp, specializes in 720. Our BOD policy has been to be a "gentle" board, and our President had directed BODs to go "talk" to the owner, if in residence, prior to any written violation notice. In addition, our President had directed that TWO BOD members go together, never just one BOD alone. Well, our prospective attorney strongly advised against any BOD or Property Manager going on any owner's property, ever, because this could be considered harrassment, or even trespassing. He cited a homeowner in an HOA he represents who recently had a posting of violation on his front door, and this owner had his attorney contact the HOA with a threat of lawsuit. Prospective attorney said all communications should be mailed to the owner address on record, period, to protect the Association. And guess what, just to humor you, our President now does not want to retain this attorney............he wants to keep our policy in effect.