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ElizabethC (Georgia)
Posts: 2
Posted:
I am president of a small (87 homes) HOA community in Georgia. Our HOA management company wants to send three (3)letters with a 30 day period on each to correct violation before fining the homeowner. Is this set in stone or can we as homeowners set the time limit through our CC&Rs? We feel 30 days is too long and defeats the purpose of using the MC especially if the violations are mostly cutting yards and weeds.
BradP (Kansas)
Posts: 2,640
Posted:
Elizabeth:

Check your CC&R's. We have to give them a minimum of 15 days to fix the problem.
JulieS (Georgia)
Posts: 412
Posted:
Our association is in GA and doesn't get real specific in the covenants. If the answer isn't in the covenants, then the board should set the deadlines. Thirty days seems like a long time for some issues. I know in the collection process for lawsuits, there is a 30 day time to respond to the letter before being served and then once served, there is another 30 days. Maybe the MC is getting confused with this process?
LisaS (Illinois)
Posts: 341
Posted:
Our CCRs state that we have to notify violator, and ask them to remedy within a specific time period. That time period is at our discretion and changes depending on the violation. 12 inch tall grass we give 7 days.Trash cans in driveway get 24 hours. Big trailer in driveway 48 hours. etc.

They have option of meeting with the Board to discuss. But if it is determined that they have not complied and we still find a violation, we send them another notice again asking to remedy. They receive a fine starting day after second violation is letter is received and deadline expires for remedy.
SwanB (Washington)
Posts: 199
Posted:
ElizabethC: The only thing set in stone would be what is directed by your governing documents and the statutes of your particular state. Check those out first.
Our association is in WA state and our governing documents require us to allow an appeal process within 30 days of placing a fine upon a member's account for a violation. The appeal process can be in writing or in person to the Board of Directors. Since any AR account is not due for 30 days, we can place the fine on their account as soon as the discretionary time period between the warning and the fine has elapsed. This discretionary time period is decided upon by the Violations Director, the history of the member and the enormity of the particular violation, whether there is a history of recurring violations, etc. All of this information is detailed out in each member's Lot File in our office through a log file and letters.
Those Lot Files are accessible to each member, but I only have access to my lot file, not my neighbor's; unless I am Violations Director or a member of the Board of Directors.
If the Board grants an appeal, we will rescind the fine and all of this is documented through letters by the Secretary and copied into the member's Lot file.
BrianB (California)
Posts: 2,820
Posted:
i tend to agree with Lisa in that different types of issues would have different time limits. Weeds in the lawn should be taken care of faster than 30 days. Painting an entire home could well take 30 days to get quotes, contract a painter, get supplies, and find an open time and weather to paint.

I use a slightly different approach in my letters, and basically give the homeowner a week to initiate communication with the board, submit a plan of action, etc.. Basically, fix it or at least communicate with the board about your plans to fix it.

I would rather hear from a homeowner asking for time to solve a problem, than hear crickets and see nothing get done.

FYI, we have a similar plan for our dues: if you come to us with a request, plan, communication about your dues, we will likely work with you. If you ignore us, our letters, etc until the bitter end, then ask for leniency? Forget it.

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