Violations and Violation Procedures
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Last updated: Monday, November 19, 2007

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Voluntary Compliance is by far the best result of a violation.

The three (3) strike rule:

The “three strike rule” gives three warnings before a fine or other disciplinary actions taken by the Board of Directors.

Verbal Warning: not recommended. There are many reasons why property managers will not give a verbal warning. One reason, the warning could be mistaken as a personal threat or construed as confrontational.

All warnings should be in writing: If a Board of Director gave a verbal warning, tangible proof would not exist and there would be no record of notice. Although a verbal warning may seem to be a considerate method, a written notice can be just as affective. Below is a sample first notice:

Associations Name
c/o Management Company
Management Companies Address
Phone, Fax & Email
Website Address
December 13, 2007

Name of Person
Address
City, State & Zip

Re: The Address of the person being sought after

Dear Mr. Person:

The Board of Director of “Name of Association”, believe you may not be aware that you are in violation of the “Condominium or Homeowner” documents.

If so, we ask that you please correct the following violation:

(State the Violation.)

(Provide an opportunity for the owner to correct the problem.)

It is the intention of the “Association’s Name” Board of Director’s to ensure that the common grounds retain the aesthetic beauty that will continue to reflect the high quality of living within our community.
If you have any questions in regards to this letter, please contact “Management Company” at the address above.

Sincerely,
Property Manager, CAM, for the Board of Directors of  “Associations Name”.

There should be no “Carbon Copy” for the first letter.

  • The board should never discriminate between owners and renters, therefore all notices are sent to the homeowners of record and never to the renters address.
  • Enforcement should be equal to all residents and never be selective. The right of the board to enforce the Covenants could be revolted if enforcements are not consistent or conducted in a timely manner.
  • A fine may not be levied without allowing for an opportunity of a hearing of a committee of unit owners. If the committee does not agree with the fine, the fine may not be imposed. If the Board does not follow these procedures, then the Association would be subject to disciplinary actions in a Civil Court.
  • The collection of fines is through small claims court. A lien could never be placed on a property due to a nonpayment or noncompliance of a fine or violation.
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