Review & Best Practice recommendations
Notices Delivered
- Approximately 622 violations were noted on 271 of 659 Single Family Units.
- Separate Notices sent for each individual violation.
- Some Units received as many as six notices.
- Average Unit that received any notice received 2.3 of them.
- Approximately 622 violations were noted on 271 of 659 Single Family Units.
- Separate Notices sent for each individual violation.
- Some Units received as many as six notices.
- Average Unit that received any notice received 2.3 of them.
Violation Notice Process
By-Laws § 3.24(a): Notice. Prior to imposition of any sanction hereunder or under the Declaration, the Board or its delegate shall serve the alleged violator with written notice describing:
- (i) the nature of the alleged violation,
(ii) the proposed sanction to be imposed,
(iii) a period of not less than 10 days within which the alleged violator may present a written request for a hearing to the Board
(iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within 10 days of the notice.
If a timely challenge is not made, the sanction stated in the notice shall be imposed; provided the Board or the Covenants Committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the 10-day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any Person.
Violation Hearing process
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- By-Laws § 3.24(b): Hearing. If a hearing is requested within the allotted 10-day period, the hearing shall be held before the Covenants Committee, or if none has been appointed, then before the Board in executive session.
- The alleged violator shall be afforded a reasonable opportunity to be heard.
- Prior to any sanction hereunder becoming effective, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice.
- The notice requirement also shall be deemed satisfied if the alleged violator or its representative appears at the meeting.
- The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.
Best Practices
- Evidence-backed HOA Violations a)Must be able to provide independently-verified evidence. b)Pictures!
- Follow Governing Documents a)Describe challenge process in the notice.
- Enforce rules consistently and even-handedly. a)Be reasonable and non-discriminatory
- 80/20 Rule a)Each notice carries the risk of entangling the board in a hearing. b)After a point they become abusive and only breed malcontent. c)”Overregulating is just as bad as not enforcing your governing documents“
Violation Notice Guidelines
- Notice shall inform Members they have 10 days to submit a challenge and request a hearing before the Board of Directors. (By-laws § 3.24a).
- No more than one (1) notice per unit per inspection cycle. Notices may contain multiple violations.
- Notice shall describe the violation without proposing a remedy.
- Each violation shall include a reference to the rule or ARC guideline that is alleged to be violated.
- Each Notice shall include pictorial evidence of the violation(s).
- Target no more than about 20% of total units to receive notices. (80/20 rule)
Chronic Income Variance
8.13 Purpose of Transfer Fee. All transfer fees collected pursuant to this Article shall be deposited into a segregated account to be used for such purposes as the Board of Directors of the Association deems beneficial to the general good and welfare of the Association and its Members. By way of example and not limitation, such transfer fees might be used to help fund: (added – 3rd Amendment 12/14/2001 § 8)