HOA Rules Enforcement Letters

You can review some at CypressGreensHOA.com.

Your concerns are all legitimate. We do have a Management company (for one more month) from which we have ensured that all the t's were crossed and all the i's were dotted for the last 10 months. We are registered, insured and fully documented. We have not taken on the management of our HOA lightly, but in the last 10 months the new Board (not the management company) has accomplished more (repairs, reserve fund, signage, open communication (website, newsletter), etc.) than was accomplished in in the previous 8 years under developer and Management company direction. At the end of next month we take on our own management with a very competent Board. We do not intend to be without a Management company for more than 1-2 years. We just want to get our house(s) in order. We also are steering clear of HOA lawyers (the black hole of HOA's). Thanks for your concerns.

1) Notice of violation.
2) Snippet from docs re: the restriction in question.
3) Acknowledge some people aren't aware and this is a reminder.
4) SPECIFIC date compliance is expected.
5) Consequences if compliance not met.

Example:

Mr. and Mrs. Homeowner
1234 HOA Street
Koolville, KY 40222

Re: 1234 HOA Street – Above-ground Swimming Pool Violation – 1st notice

Dear Mr. and Mrs. Homeowner:

We have been contacted regarding an above-ground swimming pool on your lot in violation of the XXXXXXX Deed Conditions, Covenants, and Restrictions. Please consider this letter a reminder of the restrictions regarding above-ground swimming pools in XXXXXXX and take action immediately upon receipt of this letter to bring your property in compliance by removing the above-ground swimming pool within 48 hours of the date of this notice.

Article II. Section 3. Use of Other Structures
(d) No aboveground swimming pools shall be erected or placed on any lot in XXXXXXX.

We all agreed to abide by the deed covenants associated with the XXXXXX neighborhood when we purchased our homes. Our duty, as the board of directors, is to notify residents when a problem exists. Often we find that resident are unaware that they may have violated a deed restriction and, once notified, correct the situation immediately.

However, if corrective action is not undertaken voluntarily upon receipt of this letter to remove the above-ground pool from your property, the board must then begin legal action, including fines starting at $50 per week, beginning as of the date of this notice, to enforce the rules and covenants. As we would prefer not to expend association dues to resolve this matter, your cooperation would be greatly appreciated. You may call XXXX XXXXX, XXXXXX board president, at 555-1234 with any concerns or questions.

Sincerely,

Board of Directors

I can't claim credit for the example entirely.

It was drafted by one of our members who is a retired judge.

You should be "friendly" in the first notice, without being "personal."

You must also give a specific course of action requested (cease speeding, refrain your dog from barking, remove the unapproved structure) and provide a specific deadline so there is no confusion or ambiguity.

Trust me, though, people will still get mad. Nobody, it seems, likes to be "corrected."

The second notice is a little harsher, does not include the wording for the restriction from the governing documents, and specifies that fines are now accruing and that the next communication, if not corrected, will be from the HOA attorney giving notice of legal action.

This way it doesn't play out ad nauseum.

The most important thing to remember is that you will find it very difficult if not impossible to enforce your CCR unless you include authorization to issue fines for failure to comply! The fines should be spelled out for first, second, third and successive non responses. Some folks just will not follow rules unless it becomes financially responsible to do so.