Proper Protocols for Violation Enforcement in Massachusetts

Question:

Can an “individual” HoA board member send an “individual” homeowner an email regarding property rules without carbon copy property manager, if no bylaw was broken?

Can an “individual” HoA board member send an “individual” homeowner a continuance thread of emails regarding the same matter without carbon copy property manager?, if no bylaw was broken?

Can an “individual” HoA board member tear down an “individual” homeowner garden based on email exchange snd without consent from individual homeowner or without the entire board knowledge?

– Maureen

 

Answer:

Hi Maureen,

It is necessary to check your association’s governing documents for guidance. Every HOA has a different set of procedures for handling violations. Normally, it begins with the HOA board sending a notice of violation to the homeowner. Most HOAs also hold disciplinary hearings before taking any further action. However, since association rules and procedures can vary, you should refer to your own bylaws and CC&Rs to see if the board followed protocol. If not, it may be worth asking a lawyer for assistance.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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