Covenants Enforcement Policy Chart

 

The Covenants Enforcement Policy flowchart provides a condensed format visual aid to guide the HOA and its members on how the enforcement process is implemented. The following documentation further refines each step of the process. A Covenant violation and the resulting enforcement may be initiated from a report by a Board member, the HOA property management company, or any member of the community.

 1.  HOA property management company mails First Notice of Violation to homeowner. Notice specifies the violation, cites the applicable Covenant, provides for the number of days homeowner has to remedy the violation.

 2.  After the specified number of days have elapsed per the First Notice of Violation a determination will be made as to if the homeowner has complied with a satisfactory remedy. If the remedy was satisfactory the homeowner's good standing status is restored.

 3.  If violation cannot be remedied within the specified time period the homeowner may ask for additional time. Homeowner must contact property management company in writing to request the extension but only the Board can approve the request.

 3a.  Board will decide if requested extension of time is reasonable. If the request is deemed unreasonable the case is turned over to the Covenants Enforcement Committee (CEC) otherwise the extension request is granted.

 3b.  If homeowner has remedied the violation within the Board agreed upon extension period the homeowner's good standing status is restored. If homeowner still has not complied by extension deadline the case is turned over the CEC.

 4.  The CEC will review the case details and provide the Board a recommendation of penalties, if any, to assess.

 5.  Board will review CEC's recommendation of penalties.

 6.  Board may consider hiring a contractor to resolve the homeowner violation without any further notification to the homeowner.

 6a.  If Board hires an outside contractor to perform services to resolve the homeowner violation, the homeowner is sent an invoice for services rendered which may include a HOA service fee.

 7.  HOA property management company mails Second Notice of Violation to homeowner. If the Board had elected to use an outside contractor to resolve the homeowner violation the Second Notice will include the invoice for services rendered, any applicable HOA service fees, and a deadline for the homeowner to pay the invoice. Otherwise, the notice specifies the violation, cites the applicable Covenant, provides for the number of days homeowner has to remedy the violation and will include the Board approved penalties for continued failure to comply. .

 8.  After the specified number of days have elapsed per the Second Notice of Violation a determination will be made as to if the homeowner has complied with a satisfactory remedy. If the remedy was satisfactory the homeowner's good standing status is restored. Homeowner must pay assessed penalties and/or the submitted invoice per the Second Notice of Violation in order to be restored to good standing status.

 9.  After having received the Second Notice of Violation the homeowner may request, in writing, a hearing in front of a Board appointed CEC panel. Board recommended penalties will be suspended a minimum of 14 days to give the homeowner an opportunity to plead his case at a scheduled hearing.

 10.  Community Association Manager (CAM) will schedule a 10 minute slot at the CEC hearing to allow the homeowner to plead their case.

 11.  The CEC hearing committee hears the homeowner pleadings.

 12.  Board will review the case details to include homeowner's pleadings from the hearing and will make a determination as to what sanctions, if any, will be applied. There are several options the Board may decide upon:

  • Board may restore homeowner's good standing status if homeowner's pleadings are reasonable and consistent with the spirit of the HOA Covenants. Penalties may be reduced or waived as determined by the Board and as consistent with State statutes.
  • Board may recommend using a private mediator to resolve the dispute between HOA and homeowner.
  • Board may direct HOA attorney to send a Demand Letter specifying that legal action to include fines, etc. is imminent if homeowner does not remedy violation within a specified time period. Homeowner is responsible for all attorney costs associated with attorney involvement.
  • Board may direct HOA attorney to place a lien on homeowner's property as a result of cumulative fines.
  • Board may direct HOA attorney to foreclose on homeowner's property as a result of cumulative fines or file a lawsuit to collect fines/assessments and/or to compel homeowner to remedy Covenant violation.