Question: I just received a violation notice and see worse violations in the community that have been that way for a long time. Why am I being singled out and why aren’t these other violations being taken care of?
Answer:
To answer that question, it’s necessary to outline the violation enforcement process.
A violation comes to the attention of the association one of two ways: either it is observed by management or patrol, or, it is reported by another. Violations observed by management or patrol are usually photographed and automatically entered into the violation enforcement process, described in detail further below. Violations that are reported by others must first be verified prior to adding to the aforementioned process. This can be accomplished by management during the next scheduled inspection. If management is unable to verify violation (not visible from the common area, not occurring at the time of inspection, etc.) then alternate verification can be made by patrol; by submission of a date and time stamped photo; or, by submission of a "Greer Ranch Homeowner Request Form" signed by two residents living in separate residences. This procedure has been established to minimize the likelihood of a report for issues of a personal conflict between neighbours rather than an actual violation.
Typically, the violation enforcement process consists of sending a "courtesy letter", "notice of continuing violation" and finally a "hearing notice". Management will confirm during monthly inspections if violations have been addressed and either close the violation or advance the violation along the process. However, violations verified by others pose a problem in that the verifier will need to "recertify" to management on a monthly basis that the violation still exists as management is unable to do so in order for the violation to advance to the next level of the process. Note that only owners, and not tenants, receive notices; it is the responsibility of the owner to notify the tenant of any violations that must be addressed. It is the policy of the Greer Ranch Community Association to be uniform and consistent in its enforcement; therefore, ALL violations of the Association’s Governing Documents are entered into the process.
If the violation is not addressed after these notices and a hearing, the Board of Directors may impose fines; suspend privileges and/or voting rights; and even take legal action. These steps are mandated by state law and the Association’s rules and regulations and are designed to provide "due process". In addition, violations are confidential, so management can only speak about a violation with the owner of the property.
As you can see, the process is very structured; and, while it is designed to encourage compliance, it is not uncommon for owners to not comply. If that is the case, then the Board of Directors will have to decide whether to send the matter to legal counsel, costing the Association money, to take the owner to court in the attempt to force compliance.
It is very important to understand that the Association can only enforce what it governs; in other words, only the items outlined in the Association’s Governing Documents can be enforced by the Association. For example, trespassing, vandalism and theft are criminal offenses and must be reported to the Murrieta Police Department for action.
Answer:
To answer that question, it’s necessary to outline the violation enforcement process.
A violation comes to the attention of the association one of two ways: either it is observed by management or patrol, or, it is reported by another. Violations observed by management or patrol are usually photographed and automatically entered into the violation enforcement process, described in detail further below. Violations that are reported by others must first be verified prior to adding to the aforementioned process. This can be accomplished by management during the next scheduled inspection. If management is unable to verify violation (not visible from the common area, not occurring at the time of inspection, etc.) then alternate verification can be made by patrol; by submission of a date and time stamped photo; or, by submission of a "Greer Ranch Homeowner Request Form" signed by two residents living in separate residences. This procedure has been established to minimize the likelihood of a report for issues of a personal conflict between neighbours rather than an actual violation.
Typically, the violation enforcement process consists of sending a "courtesy letter", "notice of continuing violation" and finally a "hearing notice". Management will confirm during monthly inspections if violations have been addressed and either close the violation or advance the violation along the process. However, violations verified by others pose a problem in that the verifier will need to "recertify" to management on a monthly basis that the violation still exists as management is unable to do so in order for the violation to advance to the next level of the process. Note that only owners, and not tenants, receive notices; it is the responsibility of the owner to notify the tenant of any violations that must be addressed. It is the policy of the Greer Ranch Community Association to be uniform and consistent in its enforcement; therefore, ALL violations of the Association’s Governing Documents are entered into the process.
If the violation is not addressed after these notices and a hearing, the Board of Directors may impose fines; suspend privileges and/or voting rights; and even take legal action. These steps are mandated by state law and the Association’s rules and regulations and are designed to provide "due process". In addition, violations are confidential, so management can only speak about a violation with the owner of the property.
As you can see, the process is very structured; and, while it is designed to encourage compliance, it is not uncommon for owners to not comply. If that is the case, then the Board of Directors will have to decide whether to send the matter to legal counsel, costing the Association money, to take the owner to court in the attempt to force compliance.
It is very important to understand that the Association can only enforce what it governs; in other words, only the items outlined in the Association’s Governing Documents can be enforced by the Association. For example, trespassing, vandalism and theft are criminal offenses and must be reported to the Murrieta Police Department for action.
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