Almost all of us as residents have received a violation notice from the Home Owners Association. Upon receipt we feel angry, embarrassed or we might not really care. More often than not however we want to know, how come the Association is only picking on me? To help better understand, this post is being provided help clarify the violation notice process, starting with why.
Why did I get a violation?
By purchasing a home in Reflections we as residents did so with the understanding we were moving into a deed restricted community. This means there are a set of rules and regulations that we are required to abide by. The purpose of these rules is to ensure that our community continues to meet the standards, both in appearance and uniformity that was initially created by the developer of Reflections. For all of us these restrictions are intended to protect our most valuable asset, our home’s value. Without consistent enforcement of these rules the overall image and condition of our community would deteriorate.
Who identifies violations?
One of the main duties of our property manager is to regularly provide community inspections. During these inspections they are tasked with determining whether or not a violation of the deeds may be present on a property.
The property manager is also the main contact for residents to express any concerns they may have with the community. As such, residents often report concerns for a possible violation to the property manager who will then determine if a violation has in fact occurred.
HOA board members are only directly involved in violations when legal actions may be necessary to enforce corrective action. It is not the responsibility, nor the desire, of board members to “police the neighborhood.”
How to handle a violation?
When notice of a violation is received it is very important to acknowledge receipt of the violation. A written response provided to the property manager indicating that corrective action has or will be taken is necessary to prevent secondary notices or legal actions. If no response is received from the homeowner, continued action will occur which may include correspondence from the community attorney. Should legal action, including written communications, be needed to enforce corrective action of a violation the homeowner will be held responsible for the legal costs incurred by the Association.
While violation notices are certainly not as fun to receive as Christmas cards or tax refunds, we should all agree they are necessary for ensuring Reflections meets the quality standards we expect as a resident.