violation letters

Our process is as follows:

1. Send notice of violation.
2. Send 2nd notice of violation with 10 days to resolve problem or the homeowner will face a fine.
3. Send 3rd notice stating violation has not been corrected and fines have started at $25/day until corrected.

We fined a person for parking a trailer in the driveway after numerous letters. He wanted a hearing with the board to remove the fines. We met with the homeowner and the fine stuck given he had received plenty of letters over a few years, he clearly knew the rules. He threatened retaliation and I ended up with a circle of dead grass in my lawn and another board member had half dead shrubs. Fortnately, he paid the fine and moved out...

Julie, Roger:
Thanks: I also brought to the MC's attention that by putting their trash out too early, the homeowner is also in violation of our anti litter rule by putting the trash on the common area. Another fine of $25.00.
I was just curious about the long time periods for enforcement.
Our management company is not to swift on addressing our concerns. As a board member I would like to see about hiring another company, so we could get a fresh start.
Thanks again
Jim

Gerald:

"Rubbish" as you call it, in at least one instance consisted of two pizza boxes, one of which contained some used discarded "female" hygiene articles.
This homeowner puts nothing in containers ie: empty milk containers, loose paper articles, etc, which we define as "trashing" the common areas.
We choose this among other issues dealing with this homeowner, and about 40 others out of 172 homes who refuse to pay their association assessements.
The lady in question is behind by at least three years. (OVER $2400.00) Thus receiving free water, free trash pick-up, free snow removal and free grass cutting of all common areas which she feels she can then walk her dog in, and "NOT" pick up the feces.

You say, pick your battles carefully. Which one of these would one pick to address first?
Thus the frustration with our MC saying I did not say who this homeowner was...
Everyone in our Private Community knows who this homeowner is, especially when she was approched by another homeowner who ask that she at least bag her trash. She responded "The association can just go to h---. Get the point?
Thus my initial questioning of the long process of enforcing our established fining process by our MC.

Jim:

Julie:

We are Private Community of Townhomes. Not Condo's. Our assessements have to pay for all the services received because private communities in Maryland, are deemed more or less a little government in and of themselves.
Before getting on the BOD I had no idea how far in errors these folks were, or how many . We are not in a poor area as the townhomes are priced from the $210,000's to around $250,000 range.
Anyone buying into our homes can afford the assessements but, choose not to do so with the attitude they can pay any liens against their homes when/if they sell.

Our attorney has been going after them but, I recall on two reports when they went to court, they were only awarded 15% of their attorney's fees with the balance being absorbed by the association. So, if we go to court it appears we go backwards. I have been pushing for foreclosure but, bod members (we have 9) who have been on the board for many, many years have balked because they say things take time.
Since getting on the board myself, I have brought two other homeowners on and, believe we now have a majority.

We have begun to garnish the wages of this particular homeowner but, it has taken several months to begin this process.

Cannot turn water off because it would be considered trespassing. It would require going onto the front yards of their homes to turn their valves off. We have individual valves for emergencies but all homes are on the same line.

Thanks;
Jim

Our covenants allow for 'self-help' in which we can go onto someone's property to take care of something that hinders/benefits the subdivision and property values. This may be something that you should look into. I would check with the attorney on the turning off the water or anything else that may help to some action. I assume you are using an attorney that specializes in HOA/POA/Condo Associations?

The people across the street from me have been served with a lawsuit as they have not paid dues in 5+ years. The home needs pressure washing desperately and we are either going to fine them or have it washed and charge them with the fee by way of lien. I have taken this person's trash to the curb on trash day, picked up the stuff that people toss in our yards/driveways (advertisements, phone books, newspapers, etc.) and now I am considering picking up the bags of trash that are sitting at his house (appears he no longer has trash service). Personally, I am tired of looking at it and as a board member, I don't want this to reflect poorly on our neighborhood.

Legal fees, garnishments, etc., do cost money...just depends on how far you want to go financially and mentally. Given the items you describe, is this person of sound mind, etc.?

JamesC,

You misquoted me. I said choose your battles.

If I had to choose, it would be first, the maintenance arrears because it is stealing, rather than trash disposal.

Second would be the owner's method of trash disposal.

If you read the post I replied to, you said, and I quote, "...by putting their trash out too early, the homeowner is also in violation of our anti litter rule by putting the trash on the common area.".

If you would have liked my (or other posters) concurrence/understanding with your frustration about the owner's method of trash disposal, next time provide more details in your original post.

Best of success!!
GeraldT1
NNJ