Documenting Violations with Photos

Although the Board has no problems with our documenting Architectual violations and other violations by taking digital pictures or the exterior of the home and then filing the picture in the PM's resident file folder; it seems that some of our homeowners don't like this process of our taking pictures. We only document the habitual offerders and we're not concerned with the occasional infractions. In the past, we didn't always do this and when we sent out the violation notice to the resident, sometimes the homeowner might develope a case of what I call descretionary memory. They may have eventually corrected the problem after their deadlines have past and then later deny that it ever happened. So about 2 years ago we started documenting these violations. After all, 3 of the situations resulted in liens, so who knows if it will wind up in court or not.

Here's my question - I know that there are no privacy issues here, but do other community PM's also take digital pics in order to document the problems? This practice can't be out of the norm or unreasonable! What are your thoughts on this. Do you all see any problems with this?

It is a good practice. Our board only allows pictures from the common area and would not suggest going up to look into someone's back yard and take pictures. But the practice will save you so much headache of a mistake. For example we had a new CAM (Community Association Manager) who took a violation call from a homeowner without a picture, and gave the wrong address. The pictures with the address and date stamp saves so much trouble. Especially if you have to get a cease and desist letter to stop ARC changes.

Thanks Jan and Roger! Appreciate your feedback.

Yes, "selective enforcement" used to be the opposing attorney's tried-and-true method of getting lawsuits dismissed. I say "used to be" because anymore, HOA boards and PMs are much more diligent and have been very careful about documenting all infractions or violation notices.

We have had two cases where we have had to start a lawsuit (against homeowners with commercial vehicles) and the resident's attorney told them he would get it thrown out on "selective enforcement." That was until he contacted our attorney, through a letter, informing him that he was going to do that. Our attorney wrote him back telling him that he could try, but that we had files and documents, including pictures, that would verify our consistent enforcement of that CC&R as well as numerous others, from the day we took over.

The next letter we got from their attorney was a letter asking if we would accept an agreement entered in court that the residents would agree to abide by the no commercial vehicle clause of the CC&Rs. We said, "sure, as long as the court-entered agreement included their commitment to abide by ALL the CC&Rs, and not just that one."

So we were able to prevent the cost of a trial in both cases.

Photos are great for court and we request them routinely for exterior covenant violations. Just make sure no one is standing in a window naked when you take the photo. Especially not a child.

DianeK1 ,
Please, correct me “IF” I’m wrong.

Although true in theory, anyone who has ever owned a digital camera knows he/she can change the day and the time prior to taking the pictures, so that isn’t complete tamper proof.

I would still encourage taking photos of violations as it will provide proof of the violation especially “IF” it is dated prior to your appearance in front of the judge.

Chuck W.