FAQs - CC&R Enforcement




Q: What should I do if I think a neighbor is violating our rules?
A: Report the violation to the Community Manager by using this form: Report a Violation 
Q: How does the Association enforce its rules? 
A:  Our primary goal is compliance with the Association's CC&R's, Rules and Architectural Guidelines.  To that end a Courtesy Notice is mailed to the property owner when a violation is identified.  In many cases this reminder is the only notice required to gain compliance.  However, if the violation is not remedied within 10 days, a fine may be levied against the property owner.  Fines can continue to be assessed until the violation is cured.
Q: I got a courtesy notice of a violation.  What should I do?
A: This is the easy one.  Simply take care of the problem noted in the violation letter and no further action will be taken so long as the violation doesn't reoccur.
Q: I got a fine violation letter.  What should I do?
A: Take care of the problem and pay the fine.  If you think the letter was sent to you in error, contact the Community Manager.
Q: When do fines have to be paid? 
A: Within 30 days of the date of the violation letter imposing the fine.  A $15 late fee will be assessed if the fine is not paid within 30 days.
Q: What happens if the violation is not cured after the Courtesy notice is sent?
A: After 10 days the Association begins to assess fines against the owner.  The amount of the fine is determined by the adopted fine schedule for the Association and is related to the severity of the offense and how long the violation has been ongoing.  See the Rules for details.

Q: Can I appeal a fine or violation?
A:  Yes, you can appeal the fine to the Board of Directors by sending a letter to the Community Manager.  You should clearly state any extenuating circumstances in your letter.  See the Rules for details on what should be included in your letter and the appeal process.

Q:  Renters are not taking care of the property, how does the Association handle that situtation?
A:  Under our CC&R's, the OWNER, is responsible for compliance so correspondence, fines, etc. are directed to the owner as he/she is responsible for their tennant's compliance.
Q:  What happens if I don't pay a fine?
A:   A reminder letter is sent.  If that is not successful, the matter is first turned over to our collection agency then, if necessary, to the Association's Attorney for collection remedies available to us under State law.  All costs associated with collection efforts are assessed against the owner.
Q:  I reported a violation but nothing has changed.  What's going on?
A:  Remedies for violations are established by State law and our Rules.  The HOA must follow procedures, which takes time, to ensure that complianc efforts will ultimately be successful.  You should also be aware that each year bills are introduced in the State legislature to further restrict  authority to enforce our CC&R's - you can help by participating in efforts to defeat such bills.
Q:  I received a fine letter but didn't get a courtesy notice.  Why didn't I get a courtesy warning letter?
A:  This is probably a recurring violation where you already received a courtesy letter for the same violation within the past 6 months.  Reoccuring violations within a 6 month period go straight to fines being levied as the owner was previously notified of an activity in violation of our rules.
Q:  The violation has been going on and on and I'm tired of it.  Why can't the Association just go in and fix the problem?
A:
  Under extreme situations, generally related to public health and safety, the Association has the authority to do this but we are subject to additional laws regarding trespass and additional legal procedures.  Because it it involves a substantial outlay of Association funds for what is clearly the responsibility of the Owner, the Board carefully considers its fudiciary duty to the entire membership before undertaking such action.