How to Make an HOA Violation Letter
In every homeowner's association, there will be homeowners who break the rules accidentally or intentionally. That's why HOA boards must take non-compliance seriously. At the first sign of offense, they must send an HOA violation letter to remind a homeowner of his obligations to the HOA. If you want to improve rule enforcement, here's a helpful guide for creating HOA violation letters
The Purpose of the HOA Violation Letter
Homeowners must sign a contract to join an HOA community. After this, they are legally obliged to follow the contract's stipulations, which include the association's rules and regulations. Compliance with these covenants is essential in creating a peaceful and harmonious community. HOA rules also protect the interests of the community at large — including the preservation of property values.
Nevertheless, HOA communities still deal with non-compliance regularly. Many homeowners forget, but others consciously attempt to bypass HOA rules. In both cases, HOA boards must make sure to enforce the covenants.
The purpose of an HOA violation notice is to inform homeowners of their non-compliance. The letter must include specific details about the purported offense, what homeowners can do to rectify the situation, and a reasonable time frame to implement these changes. The contents of the HOA violation letter may also depend on your governing documents and state and local laws.
How to Make an HOA Letter: Seven Simple Steps
The violation letter is an important document that all HOAs must have. Once you have an official template, it will be easier to follow up on HOA violations in your community.
Here are seven steps to follow when creating violation letters for your HOA community:
1 State the Purpose of the HOA Violation Letter
At the start, state your reason for issuing an HOA violation letter. Cite the specific section in your covenants that the homeowner has violated or not complied with, which helps establish the legitimacy of the HOA violation.
2 Provide Evidence of HOA Violation
Inform the homeowner that following a property inspection, they violated HOA rules and regulations. Include pictures as evidence of the HOA violation.
3 Request for Necessary Changes
Indicate what changes the homeowner should make to resolve the violation.
4 Give a Reasonable Time for the Changes
Give homeowners enough time to make necessary changes to their property. Make sure the period is appropriate, considering the type of HOA violation. Some violations may only take a couple of days or weeks, while more severe violations could require 30 days or longer.
5 Include Details of the Disciplinary Hearing
All homeowners have a legal right to a disciplinary hearing before being penalized by their association. If homeowners want to contest their violation, they may do so during the hearing. They can learn additional details that will provide insight into what consequences an offending homeowner will receive. With serious HOA violations, the board may also compel homeowners to attend the disciplinary hearing.
6 Send the HOA Violation Letter to the Offending Homeowner
Consult your governing documents and state laws on sending HOA violation letters properly. Some areas or communities may require HOA violation letters to be sent via registered mail or delivered personally to the offending homeowner.
6 Follow up with an HOA Warning Letter
If homeowners respond to the HOA violation letter or have yet to make the necessary changes to their property, the board should send a warning letter as a follow-up. If necessary, write a more strongly worded second violation letter to encourage compliance.
Meanwhile, in the final warning letter, you can inform the offending homeowner that their case will be sent to an HOA attorney or a collections company for further action. It should also include any fines or consequences the homeowner has due to non-compliance.
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To create a peaceful and harmonious community, everyone must do their part. Homeowners must follow the rules and regulations. Meanwhile, the HOA board must ensure that all members comply with these covenants.
Enforcing rules is complex, so it's essential to have an established process—which usually begins with an HOA violation letter. As long as these steps are in place, HOA boards will find covenants enforcement much more manageable. Contact Condominium Associates for assistance!
