best way to file a covenant/restriction complaint

i prefer formal and polite.

address your letter to the board. state the facts of the issue:

On repeated days, for example, Spet 22, 23, 24, and 25th, a commercial vehicle has been observed parked at XXXX. State all of the dates, times, facts, etc.

It is my understanding that per our covenants, this is an illegal activity. Then, cite exactly the covenents you think are being violated. Article 3. section 4.1 No commercial vehicles of any type shall be parked in the streets, drives or lots of the association except.....

I respectfully request that the board look into these situations, and correct them per procedure. I would also like the board to communicate with me the progress on such corrections, within the limits of the board regarding such communications.

(this is a request to hear an answer... the board isn't required to tell you the details of their actions, but they SHOULD communicate that they ARE taking action, etc.).

I'd send it to the Board secretary and request that it be included in the minutes of the meeting as an official correspondance. Then attend the meeting to make sure that the letter is read out loud at the meeting, or at least acknowledged as being received.

I have video evidence on numerous dates...a bit harder to disprove that it is taking place. I like the idea of sending it to the Secretary (that was my initial thought anyway) and the idea of having it read into the minutes not that they produce any minutes. Board meetings are extremely casual.

If he's saying what I think he's saying, then the board may not actually be recording minutes.

I know in the early days of our HOA, none of the board members had any idea how to conduct board meetings, none had ever served on a board, much less an HOA board, and many were just winging it, playing it by ear, and, basically, getting by with a little On The Job Training.

In our first couple of years, there were no regular board meetings, just casual "get togethers" called via email whenever the president wanted to talk about something.

The directors would gather at one board member's house or another, have cookies, tea, lemonade, and just sort of "shoot the breeze."

It wasn't until about the 3rd year, I'm guessing, that some of us availed ourselves of Neighborhood Leadership Training workshops sponsored by our City's Department of Neighborhoods (a new department in and of itself).

Only then did the board realize that it needed to keep detailed minutes and hold regular meetings. Well, in the interest of full disclosure, SOME of us already knew the proper procedures, but were not really listened to by the self-appointed "leadership" during the meetings. There were two of us who had been on many board, committees and teams and tried to offer our "suggestions" and expertise. But we had two things working against us: 1) we were female, and 2) we were outnumbered. Long story there, but suffice to say we are past that period in our HOA history.

It's been my experience that the more "casual" a board or committee is, the more likely a history of minutes will not be available.

In fact, I distinctly recall one of our board members throwing a bit of a hissy fit and resigning from the board because we had gotten "too formal! This used to be a fun, relaxed group of people! Now all you all want to do is follow rules! What happened to just being neighborly?!"

So he stormed out.

Of course, the newly developed practice of "keeping minutes" simply recorded that XXXX tendered his resignation, which was accepted unanimously by the remaining board members. However in the files that are kept which support the minutes, his foul letter (and it was a foul letter) was kept.

IMO, the letter should be sent to the prop. mgr. if there is one. If not, then it should be sent to the architectural committee chairman. The committee would be resp. for checking out the violation and taking any necessary action. To my way of thinking this is not an issue unless the A/C fails to act upon it. We're talking about a CCR violation not a complaint of how the assn business is being conducted, or whatever. At least that's how it would be handled in my current and my former assn.