Whether you’re a resident of a small condominium or apartment complex, you must comply with all the rules put in place by the homeowner’s association (HOA).
Also, all the HOA board members should be aware of the regulations and how to use them correctly. The primary goal is to maintain the general upkeep and image of the community.
The vast majority of people abide by the rules in their community. Unfortunately, not everyone sticks to the regulations. Anyone breaking the rules will be given violation letters.
By failing to take the proper action to fix the violation, they can face stiff fines or even the threat of eviction. Read on to learn more about HOA rules, regulations, and violation letters.
What Are the Key Points to Making an HOA Violation Letter
If you need to make violation letters for your HOA community, you should know how to prepare and create them. They need to sound friendly but firm and professional. Here are the steps and tips for writing HOA violation letters.
1. Clearly Explain the Purpose of Your Letter
You should always state the reason for sending your violation letter. You’ll want to provide the reasons for the notice and give plenty of details to make it easier for them to understand why it’s issued.
Your tone should be cordial and professional when you describe the violation. Make sure to reference your CC&R and cite the HOA violation committed.
2. Give Proof of the HOA Violation
Next, you need to gather evidence of breaking the HOA rules when creating the letter. In addition to providing detailed descriptions of the violation, you should include photographs as evidence.
You should also provide a call log and past warning letters to demonstrate how the HOA recorded the violation.
3. Request Changes Required to Resolve the Violation
You need to ask for a resolution of the violation. You’ll need to indicate all the changes that have to be made by the owner to resolve the problem. You should then offer some suggestions to resolve it quickly.
While most HOA violations are easy to resolve, there are also complex issues that require buying tools or items. You should suggest different resolution methods and provide cost-effective options.
4. Outline a Reasonable Timeline for Necessary Changes
Give the owner enough time to resolve the issue and make changes. Be realistic and fair, and provide an appropriate time frame based on the type and severity of the violation.
Some HOA violations, such as landscaping and construction problems, take longer to resolve. Others take almost no time and effort, as with illegally parked cars.
5. Provide Details of Disciplinary Hearing if Needed
Does the homeowner wish to contest the violation or your letter? If yes, include an option for a disciplinary hearing in the letter. Every resident is entitled to a hearing if requested.
Sometimes the boards compel community residents to attend disciplinary hearings, especially when it comes to severe violations, even if they are not interested in going ahead with their case.
6. Consult Governing Documents
It is always good to consult governing documents before sending an HOA violation letter. In addition, review state laws carefully to ensure they are in accordance with the law. This is an integral part of homeowners association management.
When you are ready to send the letter, choose the right way to deliver it to the offender. While some communities and areas require delivering the violation letters personally, others allow boards to send them through emails.
7. Write a Warning Letter and Send It As a Follow-Up
If that resident still doesn’t respond, send them the final warning letter, including consequences and fines for non-compliance. Let him know that the board will send his case to a collections company or an HOA lawyer for further action.
How to Respond When Getting a Violation Letter
Now let’s look at things from the perspective of those who have received violation letters. Having one sent to your house is a serious matter, and it’s a scary experience.
So, what should somebody do after receiving a violation letter? They need to respond as quickly as possible, or there can be harsh consequences.
HOA violation letters usually come with steps to rectify the problem, and it’s your fault if you don’t follow them. If you know you’ve violated your community’s rules, taking steps to correct the problem will not only satisfy your HOA but may also save you from legal action.
It’s best to hire a professional to create your response letter. If you can’t afford it, just make sure you’re polite and professional to increase your chances of how they perceive your letter positively.
Below are tips on how to respond to an HOA violation letter:
- First, review governing documents and HOA guidelines to understand your violation.
- Once you’re aware of the problem that has occurred, you will go through the process of getting a warning (it comes first) and a violation letter.
- Request a disciplinary hearing to contest your violation
- You should also consider disputing the violation notice by providing an appeal letter to your HOA if applicable.
In order to keep a great community, it’s essential to know the rules of the neighborhood association. If you don’t follow the community’s guidelines, you can receive a warning letter and risk getting fined.
If you’re a potential or new board member, you need to know how to write violation letters correctly. Contact us if you need help or further explanation about creating HOA violation letters. We are always here to help.