Communication

Violation Notices:

Background.

Getting a letter of any kind from the Association can feel a little intrusive. It's your yard, your house and what does the Association mean telling you what to do? At least that's one point-of-view - the minority point, in fact. Minority because most people move into planned communities because they have higher standards and an enforcement tool to make sure those standards are met. Welcome to living in a Home Owner Association (HOA). 

We know that homes in HOA's have documented higher values than in non-HOA's. Realtors will tell you that those evil governing documents can add 20% to your home value if there is a good board and capable management administering them. Do you want higher values? Of course you do. But, there's a price. And it isn't sacrificing personal freedom. It's imposing a discipline on yourself that by its very nature acknowledges the community standard and the need to work within it.

Usually these restrictions, policies and rules work to the common good. Everyone's house stays painted, the lawn looks nice, no oil in the driveway, and the yard is always nicely maintained. These are values everyone wants or is forced to share. You agreed to be subject to these standards by moving into an HOA because the governing restrictions "run with the land." In other words, you live here, you follow the rules or you're subject to enforcement.

Staying Within the Rules and Restrictions.

The board's duty is to promulgate rules and enforce the restrictions. Your duty is to understand those rules and abide by them. Do you even have a set of rules? If not, go to the SBO BYLAWS button on Silver Bell Oaks web site <http://www.geocities.com/silverbelloaks2002>, connect to your community and read the rules.

What to do when You Receive a Letter from the Silver Bell Oaks Condominium Association Inc.

1.  Remember that it's only a letter. The Association hasn't asked you to do anything extraordinary. It only has responsibility to enforce the restrictions as stated in the governing documents and any rules the Board of Directors has authority to make.

2.  No one has singled you out. In fact, it's likely that anywhere from a half dozen to up to fifty letters were sent to others for whatever violation you've been cited for. 

3.  Don't drive the neighborhood looking for problems like yours to try to make your point. This is a waste of time. What your neighbor does or doesn't do had nothing to do with the letter you received. He likely got one, too. In fact, he may be farther ahead in the enforcement process than you are.

4.  Problems are solved one at a time. If you correct your violation the board can close the matter regarding you. It may have to continue with enforcement on your neighbor, but that's the board's problem. Your responsibility is to correct your problem.

5.  Don't write letters of outrage. Even if the board has sent you a letter in error aggravating the issue by becoming Clarence Darrow on paper doesn't help. If you feel you have been misjudged or the violation simply doesn't exist at your residence write a letter telling us about it. We can verify it, and you will have our utmost respect for handling the letter professionally and with style. Angry letters always make things worse. Remember, your Board of Directors are volunteers, and they don't need the grief. 

6.  Most reasonable people acknowledge that the violation exists. We like reasonable people. They make the job so much easier and the outcome friendly and productive. If a board member drives by your home and thinks the grass needs to be cut, the edging hasn't been done in weeks, weeds are 12" tall and the plants are dead - is that a debatable item? Could that observation possibly be wrong in some way? Doubtful. If  and when you receive a letter from the Board giving you a checklist to look at and judge your own yard. Use it. If the conditions were corrected the day before you go the letter, forget about it. It's yesterday's news. If the condition still exists you have a responsibility to correct the problem.

7.  Violations are defined in the By-Laws and are what any "reasonable and prudent" person would see if they looked at your property. Site inspections and the follow up take a lot of time. A letter is sent only when a violation is perceived to occur. Generally, there is consensus by the board members  that a violation exists and that a letter is to be sent. Ultimately, the board members voting in a quorum have the final word. A board member that is responsible for dealing with violations, will often send a letter when there is clearly a violation underway.

8.  Most violations have a time frame for correction called out in the letter. Boats in the front yard require immediate removal.  If your house needs to be painted you can't do that right away, but you can respond to the letter with your plans for painting and that usually is a 30-45 day event. Bottom line is that the Association intentionally makes no unreasonable requirements. What becomes unreasonable is ignoring the letter, taking a defiant attitude and pretending the rules don't apply to you. They do. Legally.

9.  Your response shouldn't add to the problem. Calling a board member or officer and debating the letter for twenty minutes on the phone won't make the violation go away. Any communication you have to the board should be in writing or via e-mail. Our e-mail addresses are found in the letters you receive. An individual board member may not have the authority to erase your violation.

10.  Pick your battles. Living in an Association gives you great benefits and responsibilities. You also have rights. If you have been unfairly treated in some way make extra effort to let the Association know how. Put it in writing. Our goal and job is to protect people and property. And people come first. You have just as much access to protection by the community as you do accountability to it. Just make the right choice about what you do and don't undertake as a battle. It's easier in most cases to correct the violation.