Lot needs cleanup

I am the secy of POA in VA. We have a lot owner, who
inherited a lot in our subdivision, but the person lives in another state.
The lot is in deplorable condition, high grass, construction materials, and
other miscellaneous items lying around that are rusted and falling apart. We sent
a letter to this owner asking that the lot be cleaned up and gave the person
30 days to do so and said we would recommend a workman to clean it up or the person could
hire someone of their own choice. The owner asked for the name of the workman, and
subsequently called him and then did not follow up and have the work done.
Thirty days are up and we have sent a letter saying there will be a fine now of $10 a
day until the lot is cleaned up. I think that in VA after three months of fining you have to take some
kind of legal action. Has anyone dealt with this type of problem, and what is the best course of action?
We just want the lot cleaned up.

I'm sorry I forgot to mention that this subdivision is located in a rural recreational area and the
surrounding county is filled with lots that look much worse than this one. We have tried to elicit the county's
help with our non-compliance issues and their ordinances are written so poorly that they can
be easily circumvented. They told us that we can enforce our covenanants more easily than they can get
laws with teeth passed, and that is what we are trying to do, but it does seem that all roads lead to a lawyer's office.
I appreciate your comment, however.

What about County Code Enforcement? They typically take care of issues with yard waste and debris. If you hand the issue over to them, they should be able to take care of it.

I had an issue with yard waste a couple years back and they cited me as in violation and quoted me a price per square foot for yard mowing and debris pickup. It gave a certain amount of time to make the necessary corrections before they would send workers onto my property and forward me the bill. I don't know if its the same in your location, but it may be worth looking into.

Marge does your CC&R's or state laws allow fining? If so do you have an enforcement policy in place clearly outlining the steps for non-compliance? From the tone of your post it sounds like you're making it up as you go, not unusual when confronting an issue for the first time. Your CC&R's should tell you what actions you're allowed to take to force this person to comply.

If your documents allow the HOA to correct the violation, if the high grass and construction materials are indeed a violation. I would advise the HOA to first go to court and get a ruling before doing so. In most cases all costs of enforcement action including legal fees and court costs can be passed on the lot owner.