Enforce violations of covenants

Started by DeniseL • 4 replies • 2128 views

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DeniseL (North Carolina)
Posts: 7

Posted:

I am the newly elected President of HOA in NC. I am having a conflict with other board members about how to handle violations. They want to wait until a homeowner complains about another homeowner's violation before they take action.

I feel we should advise the community that they should review the covenants and correct any violations. I have checked with our management company and they agree that we might have a legal issue if we send only one person a letter that he/she is in violation while other residents in the community have the same violation.

Any feedback would be helpful.

RogerB (Colorado)
Posts: 5,067

Posted:

Denise, you or better yet your management company should be sending notices for each and every violation. I say your MC because as Professionals they are supposed to know the procedures and all the things which need to be included in a violations notice. Your Board should establish Rules and Regulations (policies and procedures) for enforcement of Covenant and Rules violations.

SwanB (Washington)
Posts: 199

Posted:

I agree with RoberB and I recommend you look forward. It does your board no good to be addressing violations that have been occuring since 2002 or occured in 2004. Start from today and say-"From this day forward we will be following these Rules and Regulations and procedures in dealing with violations."

DeniseL (North Carolina)
Posts: 7

Posted:

Just because the builder and his management company did not enforce the violations, does not mean we have to grandfather everyone in. One of big violation issues is boats. Boats are not to be parking in your drive way, but behind your house or a screen. Many homeowner's have spent the money to put up the proper fences/screening while others have not. I do not think it's fair to the people who obeyed the covenants and let the others not have to.

We might have about 6 - 8 houses out of 120 that have boats in violations. I would say we have more that obeyed the covenants. There is one section of the neighborhood that when you drive by, they have their boats/trailer/ motorcycles/ATV plus several vehicles and trucks all in their driveways. It just does fir with the neighborhood image.

RogerB (Colorado)
Posts: 5,067

Posted:

So if they park boats/trailer/motorcycles/ATV in violation tomorrow you should enforce your Covenants. A past violation does not mean you don't have the right to enforce a restriction in the future.

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