Enforcement Process for Resolving Resident Violations

The purpose of this document is to establish a process for resolving violations of the Covenants or Community Beautification Standards, while still ensuring that all residents are treated fairly and equitably.

This process is to be followed by all agents of and acting on behalf of the Villages at Maxwell Creek Home Owners Association. It is recommended to keep the Board and all interested parties (such as the original complaint source and architecture committee) informed at each step of the enforcement process with the progress that has been made. Each step in this process that requires action should be completed within one business day.

For the purposes of this document, it is assumed that a violation has been reported to the HOA.

1. Verify whether the violation report is accurate.
   • It is recommended to document the time and date that the violation was reported, as well as by whom.
   • It is recommended to document the time and date that the violation was verified, as well as by whom.
   • It is recommended (if applicable) that a photograph be taken of the violation to file in the report.
2. If this is the first violation of a particular class (for example, a yard requires mowing, or a boat is parked on the street), mail a friendly reminder to the resident, state the perceived problem, and ask that it be resolved 10 days hence.
   • It is necessary to verify whether the violation has been resolved by the date specified. If it has not been, proceed to the next step.
3. On all future violations for which a friendly reminder has already been sent, mail a letter to the resident requesting resolution of the problem, and notify them that it must be completed 10 days hence. Additionally, include verbiage that describes actions that may be taken by the HOA to resolve the problem, as well as an estimate of the cost to the resident if they do not resolve the issue before the deadline.
   • An example would be: Pursuant to Article VI, Section 2 of the Covenants of the Association, the HOA has the right and power to enter onto the premises and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. If your yard has not been mowed, edged, and trimmed by [date], in accordance with the Community Beautification Standards, the HOA will subcontract a landscaping company to come onto your property to do so. The estimated cost to you is $50 if this work is performed by the Association.
   • Alternatively, a fine may be levied against the homeowner for non-compliance. For example: This violation must be resolved in the next ten (10) days. If this violation has not been resolved by Saturday, July ##, you will be fined $5.00 for each day that the violation remains unresolved. This fine will be a personal obligation and debt owed to the Association as specified in Article III, Section 9 of the Covenants of the Association.
   • If there is a previous violation of a particular class on file for the resident, they may be considered remiss in remedying the previous violation notice. At the sole discretion of the HOA board, the time period available to the resident to resolve the violation may be reduced from 10, but not less than 2 days.
     • This prevents a resident from resolving a violation in order to meet compliance when verified, only to repeat the violation shortly thereafter. For instance, removing a boat from the Association Properties in order to comply with a violation notice, only to bring it back after verification has occurred.
   • It is recommended to use Delivery Confirmation or Certified Mail service from the USPS when sending violation notices.
4. Record the date and time that the resident received the violation notice.
   • The receive date can be checked online at the USPS web site.
5. Ten days after the resident received the violation notice, verify whether the problem has been resolved.
   • It is entirely acceptable for the resident to appeal the violation notice. Additionally, there are many valid reasons that the resident may have for not completing the work in a timely manner, including:
     • The resident has been out of town (i.e., vacation);
     • The resident is injured, and unable to complete the work;
     • The resident has experienced a change of life event such as a wedding, divorce, birth, or death in the family.
   • It is recommended (if applicable) that a photograph be taken of the resolved violation to file in the report.
6. If the resident has not resolved the violation within the time period established in the notice, and has not filed an appeal, then the work may be immediately subcontracted to an appropriate 3rd party (such as a landscaper or towing company). Alternatively, fines may begin to be assessed.
7. Once the 3rd party contractor violation has resolved the violation, a bill will be sent to the resident for the cost of the work performed.
   • It is recommended to use Delivery Confirmation or Certified Mail service from the USPS when sending violation notices.
   • If the Association has already completed the work, and the resident's appeal is approved, the HOA will waive the cost of the work that was performed. However, it is expected in most cases that the resident would appeal the violation notice prior to the work being performed.
8. Record the date and time that the resident received the payment notice.
   • The receive date can be checked online at the USPS web site.
9. Ten days after the resident received the payment notice, verify whether payment has been received.
   • It is acceptable to wait up to 3 business days after the payment deadline has passed to allow for delays in mail delivery.
10. If payment for the services rendered has not been received by the deadline, a second payment letter (as above) will be sent for the original amount, and an additional Special Member Assessment will be filed for that resident.
    • There is no set definition for the amount of a Special Member Assessment; it may be filed as a set amount (such as $100), or it may be filed as ongoing interest on the original payment amount, or it may be another amount that is relevant to the nature of the violation.
    • Details about filing a Special Member Assessment are in Article III, Section 5 of the Covenants.
11. All attempts at collecting for services rendered or fines assessed will follow the procedures and policies outlines in the Collection Policy.
12. After one year without any violation reports of a particular class (for example, a yard requires mowing, or a boat is parked on the street), the HOA will treat the first such recurrence of a particular class as the first violation of that particular class.