Living in an HOA entails many benefits, including high property values, a vibrant community, and access to numerous features and amenities. These benefits also come with some responsibilities. Simply put, those who live in an HOA community are expected to comply with the community’s rules and regulations, which may include anything from landscaping guidelines to parking restrictions.
These rules exist to ensure everyone’s HOA experience is equitable, and for the most part they should be fairly common-sense. With that said, even the most conscientious homeowner may accidentally violate one of the HOA’s rules, requiring the HOA Board to address the issue.
There are a number of steps the Board might take, but generally the simplest way to handle the problem is by sending a violation letter to the homeowner in question. This is a relatively non-aggressive way of calling the issue to the homeowner’s attention, and of providing some simple steps to make things right.
But what should these violation notices entail? For insight, you can always ask your community management company. If you live in the Carolinas, feel free to contact Kuester Management Group. We are a leading HOA management company in Charlotte NC, Huntersville NC, and Myrtle Beach SC, and we also provide HOA management in Fort Mill SC.
First and foremost, when we talk about a notice of violation (or violation letter), what are we talking about?
Basically, this is just a formal notice to homeowners that they have transgressed one of the Covenants, Conditions, and Restrictions (CC&Rs) of your community.
Generally speaking, these letters provide information about:
Usually, the initial notice of violation is just a friendly reminder to the homeowner, while subsequent actions may include fines and other penalties.
Before you send any violation letters to your neighbors, make sure you check any relevant laws within your state, or stipulations within your own bylaws. Often, these documents will provide insight into the appropriate way to provide violation warnings.
For example, your bylaws may indicate that violation letters must be delivered in a certain manner. in some communities it is acceptable to deliver these notices by hand, and in other communities it may be required that you send via mail.
Your bylaws may also require you to provide evidence of the infraction, details about how the resident may rectify the situation, and more.
Again, your community management company can provide additional insight into the particulars of your violation letter.
If you need to send a warning letter to a resident in your HOA, we invite you to download our violation letter template, which you can use to ensure you’re providing all the right information.
In addition, consider a few tips for ensuring your letter achieves the right tone and the appropriate level of detail.
The opening paragraph of your letter should provide a clear statement of purpose. Use a cordial tone to inform the homeowner that you’re reaching out on behalf of the HOA to draw their attention to a rules violation. State that this is not a fine, penalty, or invitation to a disciplinary hearing; that instead, you’re simply providing them with a friendly reminder.
In your communication about a rules infraction, you’ll want to provide ample evidence to support your claim. Often, the homeowner will be unaware of any infraction, making it helpful to show them exactly what you’re talking about. Photos or written descriptions can both be useful.
In addition to informing the homeowner of their violation, your letter should also propose some ways in which they can make things right.
Often, resolution will be simple and straightforward. For example, maybe your resident has a vehicle parked in an unauthorized space. Simply reminding them of approved places for them to park can be all it takes to address the issue.
An important part of the violation process is giving your residents a basic timeline for when they should have the issue dealt with. Proper notice might entail a week or 10 days to fix the issue before the homeowners association takes further action. Just make sure you don’t leave it too open-ended.
In some situations, the homeowner might wish to appeal the violation. If that’s an option, make sure you provide details about how they can move forward with their appeal.
The Board of Directors must be consistent in enforcing the rules and regulations of the HOA. One of the most essential considerations here is your community’s advance notification requirement. Consult your bylaws for details, and with questions, reach out to your HOA management company directly.
