How a Complaint is Processed

Last Updated on Wednesday, 09 November 2011 01:49 Written by Board Member Sunday, 09 October 2011 17:42

Periodically, the management office issues violations and receives complaints from neighbors who wish to report a resident who is not abiding by the homeowners Association Covenants. The Covenants contribute to maintaining the high quality of our community, and we can all help.

Most of these violations include grass, weeds, or dead plant material in lower unit patio areas. Others include dog waste or trash cans and piled newspapers sitting out—the list can go on. In order for the Association to act on this type of issue, someone who is witness to the issue must file a complaint in writing. Violations witnessed during property inspections will be processed by the property management company. Complaints from residents are required in writing so that they can be incorporated as part of the record for the HOA Board to review. (The author of the complaint is confidential and never revealed to the resident in question.) After a written complaint is received, the Association issues a violation letter. The letter will cite the issue that is in violation of the Covenants and request compliance.

If the resident does not correct the violation, the Association will need to be notified of this in writing by a complainant or may follow up with a property inspection by the management company. Then, the resident in violation will receive a second letter, called a hearing letter. This letter contains stronger language citing certain aspects of the Covenants and requests that the resident in violation attend the next scheduled HOA meeting, giving the resident an opportunity to respond. This letter includes a time frame for residents to either remedy the violation or be invited to a Board meeting for an opportunity to explain why they are not abiding by the Covenants.

Should this occur, the complainant will be notified of the hearing date and be called to “testify,” so to speak, and state to the Board what he or she is witnessing. This is necessary for behavioral complaints, since the Board members are more than likely not personally witness to the actions of the person in violation. If, however, the person does not remedy the violation and also does not request to be heard by the Board, the Association has an enforcement provision, in the form of violation charges assessed to the person’s account. These are collectable in the same manner as the Association dues.

Issuing a violation is never one of the finer business matters that the Association has to deal with; it is sometimes a necessary tool to ensure a safe and high-quality community by enforcing the Covenants. Most residents take seriously the Covenants they are bound by, as well as the rules and regulations for the community, and this option of issuing violations is only needed after persistent or repeated offenses.

If you receive a violation, please contact the Association. The Association only wants to resolve the issue at hand and will work with you to help get it fixed. Following the Covenants and the rules and regulations will ensure that everybody can live in the quality neighborhood we all deserve.