By: Katherine M. Wolfe, CMCA, AMS, PCAM
District Manager, EBMC – Las Vegas, NV
Your Board of Directors has a fiduciary responsibility to uniformly enforce the use restrictions dictated by the governing documents as well as ARC violations. Most of the inspection process is handled through your management company on a monthly basis at the Board’s direction. In addition, violations may also be reported by the directors themselves and other homeowners. Homeowners reporting a violation must do so in writing. We cannot act upon anonymous complaints.
The enforcement process initially begins with the issuance of a Courtesy Notice accompanied by a Response Form. This notice is simply a reminder that an alleged violation was noted and requesting compliance within 14 days. The Response Form is designed to be a communication method between the offending owner/resident and the Board via the management company. To keep the communication lines open, the owner is encouraged to return the Response Form.
Owners have 14 days to return the Response Form and come into compliance upon receipt of the Courtesy Notice. When that does not occur or if an extension to correct is not granted, a hearing is set requesting the owner to appear before the Board to explain why the violation was not corrected. If the owner cannot appear, he or she is requested to put a response in writing for the Board to review.
Once the hearing takes place, the Board makes a decision whether or not to fine the owner for non-compliance. The fine may be repeatedly assessed to the owner’s account every seven days until the violation is corrected. Failure to pay these fines may cause the owner’s account to go into collection, at which time collection fees are assessed to the owner’s account and a notice of lien is recorded against the property.
There are times when owners complain that another owner has not been in compliance for months on end and often think that “nothing is being done” to make that owner comply. That statement couldn’t be farther from the truth. Due to confidentiality issues, it cannot be disclosed who has received a fine, who is not paying the fine, or who is in collection. And only in extreme situations will the Board take action to correct the violation and assess the costs back to the owner who is not in compliance.
What owners need to realize is that upon purchase of their home, they agreed to comply with the use restrictions noted in the association’s CC&Rs. This also applies to tenants if the owner is renting the property. The Board does not have the option to “look the other way” and must treat all owners and violations equally, including violations against other Board members. What starts out as a simple reminder may end up causing all parties grief not to mention added expenses to the association and offending owner.
It doesn’t have to be this way. The goal of the Association and its Board is to protect the assets of the owners, preserve and enhance community values. So the next time you receive a Courtesy Notice, don’t ignore it. Instead, correct the violation and return the Response Form. Keep the communication lines open.
