Non-compliance

The Association consists of members/owner who are neighbors with each other and with the members who serve as directors and officers of the Association.  While recognizing the need to ensure upkeep and maintenance of homeowner property, it is also recognized that courtesy and respect in dealing with these issues is very important and should always be exercised.  Accordingly, use of counsel to assist with the goals of enforcement, should always come after these procedures and policy are followed, unless very unusual circumstances exist which need to be addressed by the Board, or a member/owner expressly states he/she is not going to adhere to compliance.

The majority of homeowners are responsible, law-abiding citizens who voluntarily cherish and maintain their homes. The Board wishes to extend a heartfelt thank you and send a message of recognition and appreciation to those homeowners. Even when there are compliance deviations here and there, the majority of homeowners immediately respond and handle the situation. Thank you, again.

However, in all associations, there are homeowners who just do not consistently care for and maintain the property to the standards set forth in the CCRs. The Board is obligated, in the best interest of the entire community, to fairly, equitably, and consistently enforce the rules.

A violation may be reported by a fellow association member, a Board Member, the HOA patrol or a member of the esthetics review committee.

In the event of non compliance as set forth by the Association’s governing documents, the following will be used by the Association in its efforts to secure compliance:

First Letter:  The Association shall mail to the member/owner a First Letter, as a courteous reminder, which states the violation(s), the date of the property review and asks for prompt attention to the violation(s) within a specific time frame. It will also outlines what you should do if you don’t agree or you can’t comply. Generally this will result in an “opportunity to be heard”.

If after further review the member/owner does not cure the violation(s) within the specified time period and especially if no response has been made to the HOA by the member/owner, then a Second Letter shall be sent to the member/owner.

Second Letter:  A Second Letter shall be sent which reminds the member/owner of the First Letter, the date sent, the violations still outstanding and a specific time frame for correction.. It will point out the applicable governing documents and their provisions that permit enforcement  and politely warns that the Association may recovers its costs, legal fees and/or attorneys’ fees if it has to pursue enforcement beyond these polite requests. It will also remind the member/owner of the potential $50 per day fines if violation correction or contact with the HOA is ignored. It will again state what you should do if you don’t agree or you can’t comply. Generally this will result in an “opportunity to be heard”.

If after further review the member/owner does not cure the violation(s) within the specified time period and especially if no response has been made to the HOA by the member/owner, then a Third Letter shall be sent to the member/owner.

Third Letter (before fines):   A Third Letter shall be sent which reminds the member/owner of the Second Letter, the date sent, violations still outstanding and a specific time frame for correction. It will remind the member/owner of the two (2) prior letters. It will again remind the member/owner of the potential $50 per day fines and the fact that the Association will record a formal Lien against member/owner’s property once fines reach a specified amount. It will also outlines what you should do if you can’t comply. Generally this will result in an “opportunity to be heard”.

Final Letter: A courtesy letter that identifies the specific date $50 per day fines commenced and that a lien has been placed on your property. It will also provide a copy of the recorded lien and the additional charges to your account including lien preparation & recording fees charged by our HOA attorney. It reminds member/owner that if the Association’s attorney becomes further involved, member/owner will be liable for all attorneys’ fees, or other legal costs, etc. incurred by the Association, on top of the any fines owed and the interest accruing. The HOA reserves the right to pursue collection in small claims court. 

Chronic Offender: The process of enforcement is different if you’ve been designated a “Chronic Offender”. For more detailed information on Chronic Offenders, check out Chapter 2 in “Rules, Regulations and Policies” under the Documents/Governing tabs on  the home page of this web site.