Covenant Violations within your Community
Covenant Restrictions are an important part of preserving your property value and the overall condition of your community. When you purchased your home the restrictions outlined in your recorded covenants provided a reassurance that your fellow neighbors would maintain their homes in accordance with certain outlined expectations. Your community’s Board of Directors have a fiduciary duty to ensure all members of your community follow these outlined expectations and as an Agent of your Association, our team assists your Board with fulfilling this duty.
If you have received a violation reminder, it is simply a friendly reminder of the restrictions you agreed to when purchasing your home. If you take action to immediately correct the noted concern, your violation will be closed and no further action will be taken. If you are unable to correct the noted concern immediately, it is imperative that you contract our team to try to identify a viable solution. We are here to help, but we need to hear from you!
Why was I issued a violation?
By a homeowner purchasing a home in a HOA, the homeowner has agreed to abide by the Governing Documents. It is strongly suggested that homeowners read these Documents and become familiar with various restrictions or regulations. A violation is issued when a property does not adhere to the Governing Documents.
Where do I find my Community Restrictions?
Each Community is established by the Governing Documents. These consist of the Declaration, Articles of Incorporation and the ByLaws. Community Restrictions are most commonly found in the Declaration also referred to as the CC&R’s. The Board of Directors has the authority to define the restrictions in more detail, which will be found in the Rules & Regulations. Your Community’s Governing Documents can be viewed on your Community website.
What do the Violations Stages mean?
Communities vary on the type and number of stages, however by electing to provide a notice that the property has a violation, it allows the homeowner the opportunity to correct the violation.
What is a Hearing?
There is a common phrase that defines what an HOA would like to achieve – please fix it so you are not fined. The violation might be something very simple that was overlooked and by sending the homeowner a notice as such, it can be remedied. However, there are times when the violation is not corrected and since the HOA has an obligation to ensure that all homeowners abide by the Governing Documents and that the HOA abides by state statutes, an owner is notified that the violation has not been corrected and is called before a Hearing
Committee. This is an opportunity for a homeowner to be heard and discuss the violation and corrective measures that are being taken. It is also an opportunity for the Hearing Committee to allow for additional time to correct the violation or issue/recommend a monetary fine and/or suspension of privileges for the violation. It is always in your best interest to communicate with our team as soon as you receive your first violation notice to avoid receiving a Hearing Notice and possible fine and/or suspension of privileges.
Can my Board Fine me?
Yes, your governing documents do generally provide authority to your Board to issue fines for violations that are not corrected. However, generally Boards will be required to meet certain requirements before issuing a fine. Requirements may be as simple as providing a single violation notice, but may also include providing an opportunity to be heard (Hearing). Your governing documents and state regulations provide guidance to your Board as to the reasonableness of fines and privilege suspensions that may be imposed. In order to avoid receiving a fine it is recommended that you address the noted violation as soon as possible and always contact our team with any questions, concerns, or corrections you may have.
What if I need more time to Cure my Violation?
Remember, the goal of your Board is to have you fix your violation, not impose a fine or suspend privileges. If you need more time to properly correct your noted violation, please immediately communicate your need to our team for Board review and consideration. We often find that Boards are willing to grant reasonable requests to owners making a valid effort to correct the noted concern.
How do I Dispute my Violation?
If you feel your violation is not valid, or need to provide additional information on the status of your violation, you may go to the “My Violations” section of your community website to provide additional information or notify the our compliance team that your violation has been corrected.
Why hasn't anyone done anything about my Neighbors' Violation?
If you feel your neighbor is in violation of the Governing Documents and the violation continues, you may go to the “Report a Violation” section of this website and submit information on the violation. We ask that when reporting a violation a photo always be included. Please note that while our team will address the submitted violation, for privacy reasons, we are not authorized to discuss the status or stage of another owner’s violation.
What to do if my Neighbor's pet is not being properly controlled?
Most Governing Documents include rules and regulation relating to pet ownership. A noted pet violation can be reported by clicking on the “Report a Violation” section of this website. When submitting a violation, please be sure to include all necessary information and a photo/video of the noted concern. If the noted concern requires immediate attention or is perceived as a danger to you, your neighbor or the animal we recommend contacting local Animal Control. It is important to note that the Association must follow the community’s regular violation process when addressing these types of issues and therefore the Animal Control Department may be a more effective and timely option for addressing your concern.
Top Violation Issues
1. Yard Maintenance and Landscaping
The number one issue where violation letters are sent out is for general yard maintenance and landscaping. This includes many things such as mowing, weeding, edging, and trimming bushes.
2. Trash Can Storage
Trash cans must be stored on non-trash days and may not be visible from the street. Please review your Declaration or Rules & Regulations for times they may be placed on the street and screening that may be permitted.
3. Street Parking
Most Governing Documents prohibit street parking. While it is not a visually pleasing sight, street parking poses a true risk to children who might be hidden behind a vehicle and not seen by motorist. It also poses a real hazard for emergency vehicles trying to navigate to an emergency call in a timely manner.
4. Recreation and Commercial Vehicle Storage
Many neighborhoods require that recreational vehicles such as campers and boats need to be stored out of sight or off the front yard area.
Campers, trailers, boats, non-operable vehicles and commercial vehicles. See your Governing Documents for a complete list and guidelines.
5. Exterior Maintenance
Painting, shutters, mold/mildew visible, window screens, mailboxes.
6. Basketball Goals, Trampolines, and Playsets
Equipment must adhere to the ARC Guidelines and receive approval prior to installation.
7. Exterior Modifications
All modifications must adhere to the ARC Guidelines and receive approval prior to modification. Any alteration to the structure, color change to the exterior of the home or changes/modifications to the Lot must receive approval.
8. Storage Sheds
Sheds/Gazebos must adhere to the ARC Guidelines and receive approval prior to installation.
Pools/Spas must adhere to the ARC Guidelines and receive approval prior to installation.
10. Pet Clean-up and Leash Requirements
It is the responsibility of pet owners to clean-up after their pet and dispose of waste appropriately. See your Governing Documents or City/County rules regarding leash law requirement.