hoa covenant violation discription letter

If an owner sends such a written response, the association is required to provide certain information to the owner. The response must be sent to the address set forth in the notice or in the records of the Arizona Corporation Commission. If a member receives a written notice that the condition of the property owned by the member is in violation of the governing documents, they may provide the association with a written response by sending the response by certified mail within 21 calendar days after the date of the notice. Section 33-1242 (A) (11), associations no longer have the right to record a notice of lien for unpaid fines and penalties, interest, late charges on fines and other fees and charges related to fines/violations. In addition, associations may proceed with collection of a judgment for validly assessed fines through traditional collection means, such as bank, wage or rent garnishment. If the Association validly assesses fines, obtains a judgment for the fines, and the judgment is recorded, the association has a lien that is effective upon conveyance (or paid at the time of the sale of the lot/unit).

Our firm also strongly recommends that the Board adopt a formal fine policy (as further discussed below), with specific fine amounts, which will strengthen the Association’s position in regard to collecting validly assessed fines. Section 33-1242, after notice of the violation, as set forth in the formal violation letter, and an opportunity to be heard, the association through its board of directors, may impose reasonable monetary penalties on the owner in violation of the governing documents. It should give the owner an opportunity to request a meeting with the be heard by the board and provide the owner with the name, phone number and email address of the person to be contacted by the owner in violation. The formal violation letter must also set out the process the member must follow to contest the notice. This letter should also contain the date the violation was first noticed and if the violation is continuing, then it should include the date the property was last inspected. This letter, in most cases, results in the owner addressing the problem immediately.įormal Violation Letter: If the violation is not corrected by the date compliance is required, the next step is for the board, management company, or association’s attorney to send a formal violation letter stating that fines that could be assessed against the owner if the violation is not corrected and/or that the association can file an action with the court to have a judge compel compliance. Contact information for the management company or association representative contact should also be included. This notice should contain the owner’s name, lot number, the provision of the governing documents that was allegedly violated, the date the violation was noticed and the person (first and last name) who observed the violation, the nature of the violation, the date by which the owner must comply, and any information regarding the process the owner must follow to contest the notice, including any right to appear before the board to discuss the violation. Ĭourtesy Letter: When a violation occurs, the board of directors or management company should send a courtesy letter or post a notice on the property requesting that the owner cure the violation. *Under Arizona law, when sending a violation notice, an association is always required to give notice to owners of the owner’s right to petition for an administrative hearing with the Arizona Department of Real Estate pursuant to A.R.S. The Association should have copies of all governing documents, which include the architectural guidelines, rules and regulations, articles of incorporation, bylaws and the CC&Rs readily available on the association’s website. An important component in the enforcement process is communication between the association and its membership. A recurring problem in community associations is owner compliance with the governing documents.

Hoa covenant violation discription letter