WVRHOA CCR Enforcement Process
The following procedure is in effect as of September 1, 2006. For a PDF version of the procedure, click here.
CCR ENFORCEMENT PROCEDURES
The WVR Homeowners Association (HOA) requires all homeowners to follow the CCR’s in order for our neighborhood to remain a desirable and attractive place to live. We encourage all Homeowners to work through issues and violations of the CCR’s with their neighbors before seeking enforcement from the Association.
The HOA will endeavor to work cooperatively with Homeowners who are in violation of CCR’s and will use the following steps in order to enforce these important conditions, covenants and restrictions. It should be noted that enforcement actions are intended to achieve compliance with the CCR’s, NOT to generate revenue or pursue legal actions.
CCR violations fall into two categories: Project Violations and Incident Violations. The basic steps for each category will remain the same but the timing, notification, and fine structure differs between each category of violation. In either case, the Board of Directors will exercise the right to determine if a violation has occurred and into which category it falls. The Board will use the CCR’s, the test of reasonableness, and common sense to determine if, and when, a violation has occurred and the severity of the violation.
The chart below is a summary version of the more detailed procedures found in the accompanying pages.
|
Step |
Project Violations (PV) |
Incident Violations (IV) |
|
Courtesy telephone call |
Attempt for 7 days |
Attempt for 3 days |
|
Informational letter |
Sent after 7 days of no contact or non-compliance requesting resolution within 30 days. |
Sent after 3 days of no contact and requesting resolution within 7 days. |
|
Assessment of Fine |
$500.00 fine assessed if resolution not approved within 30 days of letter above. Fine is due and payable within 30 days. Additional fines of $500.00 per month will be assessed for each and every month or part month the CCR violation continues to be unresolved. |
Assessed after seven days, due and payable within 30 days. |
|
Homeowner Lien |
Lien filed on unpaid fines if not paid within terms, above. Subsequent fines will result in additional liens. |
Filed after accumulation of $250.00 or more in unpaid fines. |
PROJECT VIOLATIONS
Project Violations (PV) are ones that are visible on a daily and continuing basis, evident in and around a Homeowner home, structures, or property. Project Violations will usually require the Homeowner to expend time, resources, and/or money to correct the violation. Examples of Project Violations would be; non-compliant landscaping, fencing, building structures, ditch or yard conditions, etc.
|
Step # |
Action Step |
Action and Expectation |
|
1 |
Courtesy Phone Call |
The HOA will attempt to contact the homeowner in violation of the CCR’s by phone and resolve the issue verbally. After contact is made, a courtesy letter will be sent confirming the discussion and outlining further action necessary. If ; · the Homeowner has not (or cannot) be contacted by telephone within seven days or; · the Homeowner has not complied with the terms of the agreed upon action plan, above or; · a correction plan to resolve the violation hasn’t been discussed and accepted; a formal informational letter and request for compliance will be sent via US Mail. |
|
2 |
Informational Letter |
The HOA will send an informational letter (under the circumstances outlined above) to the Homeowner that will apprise the Homeowner of the violation, explain what it will take to resolve the issue, request that they resolve the issue within 30 days of the date of the letter, or submit a corrective action plan with specific timeline to resolve the issue to the Board for approval within 30 days of the date of the letter. In addition, the letter will state that if the CCR violation(s) are not resolved or a plan approved by the HOA by the stated date above, a fine of $500 will be assessed against the Homeowner’s lot for each and every month (or part month) the homeowner remains in non-compliance. |
|
3 |
Fine Assessment |
If the violation is not resolved or a plan has not been submitted by the Homeowner and Board-approved by the due date indicated in the informational letter, the HOA will notify the Homeowner via US Mail (both certified and general delivery). The notification letter will state that the issue has not been resolved, a plan has not been submitted for approval to the Board as stated in the previous informational letter, or the completion date of the approved plan has expired, dependent upon the circumstances. The letter will notify the Homeowner that a fine of $500.00 is now due and payable and will include an invoice. In addition, the homeowner will be reminded that, if the issue isn’t resolved within one month from the date of the initial fine, an additional fine of $500 will be assessed for each and every month until the violation has been corrected. |
|
4 |
Property Lien |
Unpaid fines will result in a lien being placed on the Homeowner’s lot. In addition to past due fines, the lien will include any HOA costs associated with administering and filing the lien (including, but not limited to: attorney fees, filing fees, collection fees, etc.) The Homeowner will receive a letter via US Mail (both certified and general delivery) informing them a lien has been filed and reminding them that additional fines and liens will take place monthly until the issue has been completely resolved |
INCIDENT VIOLATIONS
Incident violations are ones that occur periodically and can be quickly remedied without a lot of time and/or money expended. Examples of Incident Violations would be; stray dogs, inappropriate parking, driving motorized vehicle by minor, garbage cans inappropriately stored, etc.
|
Step # |
Action Step |
Action and Expectation |
|
1 |
Courtesy Phone Call |
The HOA will attempt to contact the homeowner in violation of the CCR’s by phone and resolve the issue verbally. When contact is made, a courtesy letter confirming the discussion and outlining further action necessary will be sent to the Homeowner. If ; · the Homeowner has not (or cannot) be contacted by telephone within three days or; · the Homeowner has not complied with the terms of the agreed upon action plan, above or; · a correction plan to resolve the violation hasn’t been discussed and accepted; a formal informational letter and request for compliance will be sent via US Mail. |
|
2 |
Informational Letter |
The HOA will send an informational letter (under the circumstance above) to the Homeowner that will apprise the Homeowner of the violation, explain what it will take to resolve the issue, and request that they resolve the issue or submit a corrective action plan with specific timeline to resolve the issue to the Board for approval within 7 days of the date of the letter. In addition, the letter will state that, if the violation is not resolved or continues to occur, a fine will be assessed according to the schedule below. · 1st Offense $50 · 2nd Offense $100 · 3rd and subsequent offenses $250 |
|
3 |
Fine Assessment |
If the violation is not resolved or a plan has not been submitted by the Homeowner and Board-approved by the due date indicated in the informational letter, the HOA will notify the Homeowner via US Mail (both certified and general delivery). The fine assessment letter will state that the issue has not been resolved, a plan has not been submitted for approval to the Board as stated in the previous informational letter, or the completion date of the approved plan has expired, dependent upon the circumstances. The letter will notify the Homeowner that a fine is now due and payable and will include an invoice. The Homeowner will also be reminded that further violations of this nature will result in additional fines as indicated in the fine schedule below. · 1st Offense $50 · 2nd Offense $100 · 3rd and subsequent offenses $250 |
|
4 |
Property Lien |
Unpaid fines will result in a lien being placed on the property. In addition to past due fines, the lien will include any HOA costs associated with administering filing and administering the collectible amount. Each time the accumulation of unpaid fines reaches $250 or more from this or other violations, a letter from the HOA will be sent via US Mail (both certified and general delivery) to the homeowner. It will state that a lien in the amount of $(unpaid fine amount) and any HOA costs associated with administering such a lien is being placed on their home. The Homeowner will receive a letter via US Mail (both certified and general delivery) informing them a lien has been filed and reminding them that additional fines and liens will take place monthly until the issue has been completely resolved. |
ROLES FOR IMPLEMENTING CC&R ENFORCEMENT PROCEDURES
|
JC Higgins |
BOARD |
ACC |
|
· Keep a chronological log of every homeowners violations and steps taken · At direction of board they will make phone calls and send letters |
· Review monthly all CC&R violations and determine next steps · Will determine if incident violations have occurred · Assign and monitor for each violation plans incident violation case to regularly check violations and advise next step
|
· Conduct monthly checks on Project violations and report to board at monthly meetings · Approve and monitor all Project Violation plans |