Violations Committee answer needed due to actions already taken by our BOD

Started by DanaA • 9 replies • 1659 views

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DanaA (Florida)
Posts: 117

Posted:

We have a Violations Committee, consisting of three BODs only. Due to this website, I now know that we need a violations committee, consisting of three NON board members, etc., according to 720.305 for fining. And I need to address this at our BOD meeting tonight. But what we, the BOD, started is still in motion, and I need assistance to bring us into compliance. Our BOD this summer started addressing unsightly weed situations by sending out "gentle violations letters" regarding weeds on the homeowner properties,(which were totally out of control this summer), with primarily, but not exclusively, snowbird homes left unattended to since April when they left town. Our association fees include a lawn service for entire community's lawns, but it has never included weed maintenance, a homeowner responsibility. In this letter, sent on Property Management letterhead, and signed by our PM, he asked homeowner to correct overgrown weed situation in thirty days, and gave them our Property Manager's number to call, and a BOD contact, in case homeowner needed a recommendation for a laborer to take care of their weeds. Our CCRs specifically say we can enter a homeowner's lot at cost plus 10%, to correct this situation, and then add this to their monthly assessment. We had most homeowners respond and take care of situation, which is great, because this was the first time we ever sent out letters. Some homes still have 6 months of weeds on their property, and most of those owners are still up north. Where do we inplement this violations committee of at least three NON board members, as required in 720.305? Or,can we now move forward with having a lawn maintenance company come onto their lawns and pull weeds, as our documents state we have every right to do. We would then add this cost, plus 10% to their monthly assessment. This would be a small bill, probably 2 hours of labor at most per home in violation. Nothing has been done since the initial request letter was sent, asking it be corrected in thirty days, and it has now been over 90 days. Thanks.

HaroldS (Arizona)
Posts: 906

Posted:

Dana - where are these weeds? And why aren't they taken care of by the lawn maintenance people all along? What would be the cost to have them do this routinely? Seems like if you take care of SOME of the landscape, it should include all of it - especially since many of your homes are vacant part of the year. Harold

CharlesW1 (Georgia)
Posts: 826

Posted:

Quote:

Posted By DanaA on 11/26/2007 7:08 AM
We have a Violations Committee, consisting of three BODs only. Due to this website, I now know that we need a violations committee, consisting of three NON board members, etc., according to 720.305 for fining. And I need to address this at our BOD meeting tonight. But what we, the BOD, started is still in motion, and I need assistance to bring us into compliance. Our BOD this summer started addressing unsightly weed situations by sending out "gentle violations letters" regarding weeds on the homeowner properties,(which were totally out of control this summer), with primarily, but not exclusively, snowbird homes left unattended to since April when they left town. Our association fees include a lawn service for entire community's lawns, but it has never included weed maintenance, a homeowner responsibility. In this letter, sent on Property Management letterhead, and signed by our PM, he asked homeowner to correct overgrown weed situation in thirty days, and gave them our Property Manager's number to call, and a BOD contact, in case homeowner needed a recommendation for a laborer to take care of their weeds. Our CCRs specifically say we can enter a homeowner's lot at cost plus 10%, to correct this situation, and then add this to their monthly assessment. We had most homeowners respond and take care of situation, which is great, because this was the first time we ever sent out letters. Some homes still have 6 months of weeds on their property, and most of those owners are still up north. Where do we inplement this violations committee of at least three NON board members, as required in 720.305? Or,can we now move forward with having a lawn maintenance company come onto their lawns and pull weeds, as our documents state we have every right to do. We would then add this cost, plus 10% to their monthly assessment. This would be a small bill, probably 2 hours of labor at most per home in violation. Nothing has been done since the initial request letter was sent, asking it be corrected in thirty days, and it has now been over 90 days. Thanks.

DanaA

It sounds as though you have a MC. therefore the represented Portfolio manager should address this situation ASAP.

Prior to being a board member, I noticed several of my neighbors Lots looking atrocious, compared to mine, which wasn’t anything more than being mowed, edged and added some season color. All I wanted then was compliance and now as a board member that is still all I want.

We notify the lot owner (as specified in our governing documents) giving the lot owner 10 days to comply or be subjected to a fine(s) or even “self-help”

With proper notification (as instructed in our governing documents), “IF” compliance isn’t met we will pursue with “self-help” which is essentially hiring a 3rd party (landscaper) that will resolve the situation, thus billing the lot owner for their expenses.

I personally wouldn’t do cost plus 10% even if compliance isn’t resolved within the thirty days! WOW, 30 days sure does seem like a rather long time to comply. ARE YOU SURE ABOUT THAT?! What do your governing documents say, what is your fining procedure?

Best of luck
Chuck W.

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Charles E. Wafer Jr.

BradP (Kansas)
Posts: 2,640

Posted:

Dana:

Here is a thought, it may not apply to your situation though. Where I live there is a city code to keep weeds under a certian height. Not sure if that applies to you, but if it does contact your municipality and let them be the bad guy with their enforcement letters and fining? Just a thought.

CharlesW1 (Georgia)
Posts: 826

Posted:

BradP

Great advice, we have city ordinance here in Georgia which is anything 12” or taller. Anyone in the association can file a report and the city will take care of it, within three days.

The city ordinances seems to work much more efficiently apposed to sending letter after letter, thus WASTING HOA members money and still not resolving the issue.

Which city in Florida do you reside in? Perhaps others can offer additional information and therefore provide you with such information as suggested.

Chuck W.

Charles E. Wafer Jr.

DanaA (Florida)
Posts: 117

Posted:

Thirty days for weed control, is indeed a long, long time. We were being generous, so as not to appear obnoxious. We have no additional fining ability in our old, recorded CCRs, and will place that ammendment before the membership at our annual meeting in March. Until then, we have to deal with what is in our docs, which does allow for cost plus 10%. Specifically: "To care for and preserve the ground and recreational improvements and the areas used in common by the member of the Corporation which area not subject to individual ownership; and to enter upon individual lots to maintain the grounds upon default of the owner of that lot. The Association, by and through its authorized agent, reserves the right, but shall have no obligation, to enter upon all lots to take care of, move rubbish from, and keep; "all lots from creating an unsightly appearance, and to charge the owner of said lot for the actual cost, plus 10% for services performed in alleviating said unsightly appearance. Such a charge shall become a lien on the property as hereinafter provided under maintenance fee". I have suggested that we ammend our lawn maintenance contract to include weed maintenance, to our President, who shot down my idea, saying it would increase our member's association dues, and "how could we enforce that owner's let this be done?" Of course, the owners already let the lawn mowing contractors on their lawn....... I will investigate the cost of adding this to our lawn maintenance contract, and place a motion before the BOD as a possible future solution to this, good suggestion. Will have to wait until next month, though. In the meantime?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Dana - are these weeds in flower beds or are they in the lawn?

DanaA (Florida)
Posts: 117

Posted:

Susan, they are in their raised flower beds, in mulched areas with concrete borders around their trees, etc. Not where a lawn service can even attempt to mow them down. Some of these homes were beginning to look "abandoned" this summer due to the amount of weeds. Snowbirds never see it, it is the full time residents who have to look at it while they are gone.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DanaA: Since the weeds are a 'violation' with the city and with the association, the 'snowbirds' are not exempt from it. Even though they are not onsite, and living in their unit, the weeds still have to be maintained.

Can a further rule be proposed to this effect? Association living requires that all follow the regulations and because one is "on vacation or at their seasonal home" does not negate that they comply just as those who live on site all year round.

Can you suggest a change to the bylaws (by the appropriate percentage of residents)---example: for those residents who reside elsewhere for a time, and in order for the Board to have all residents in compliance with the weed situation, the Board will contract with a landscaper to maintain the weed problem in your absence and you will be billed accordingly...or something to this effect. It sounds harsh, however, for those who leave, but they must understand it does not absolve them from any rules which ask them to maintain their property. You are obviously not going to get the snowbirds to vote for this, but if they are the minority, they should understand that other fulltime residents don't want to look at unsightly weed conditions.

A rule of this kind would require the Board to know when they are leaving for 'vacation', when they will return, etc., but this is justified since they would also want to know that their home is being "watched", in their absence, for anything suspicious.

There may be other options for the Board/Violations Committee to explore; this is just one. Perhaps you can start a new post on "Snowbirds"; there must be other associations who have to deal with issues while the residents are absent and they could be a help to you.

JosephW (Michigan)
Posts: 882

Posted:

I think your original question was about the violations committee required under 305. I think this is the section you might be referring to:

"A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed."

I think you can proceed without the committee since your documents allow you to recover costs involved with correcting a violation. I don't know if the 10% charge would be considered a fine or not. You'll want to check that out with your attorney.

Recovering costs is not a fine. You may just want to settle for the costs now, and in the future, when the committee is in place, add the 10%

Joe

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