Violations management is one of the many roles performed by the management company. The purpose is to look to the HOA members to value the Old Stone Crossing community and respect the overall goals of the community. CC&R enforcement is not something the Board does with malicious intent or ill will. This action is done to protect our home values. 

 

Associations are governed by Federal Laws, State Statutes, Maps, Covenants, Conditions and Restrictions (CC&R’s) and Bylaws. These rules will vary from community to community but by buying into an Association you agree to these rules and the frame work for the governance as outlined in the documents. The procedures for enforcement of your covenants are outlined in the North Carolina Planned Community Act – chapter 47F. Although there are times your management and Board wish they had the ability to step onto a property to fix an issue immediately, in many cases practicing “self-help” is discouraged or illegal.

 

To help the community understand the processes and why issues are not always resolved overnight I have outlined the procedure for enforcement below:

 

Step 1 inspection: Once every month, our property manager will drive through and inspect the community. Please remember, as a HOA member, you are the eyes and ears of your community.  If you see a violation, report the issue! CLICK HERE to quickly report it. 

 

Step 2 – First Violation: the First Notice of Violation letter is produced. Residents are allotted a certain time between violation incurrence for correcting the infraction depending on the type of infraction, usually 7-10 days sometimes 30 days.

 

Step 3 – Hearing: The law requires that the Homeowner is provided a Hearing before the Board of Directors in order to state their case before a fine can be issued. The Homeowner must be provided at least a 10 day notice in advance of the hearing date. Once the Hearing is held, regardless of whether the Homeowner attends the hearing, a fine can be levied on the Homeowner’s HOA account for each successive time the violation occurs. The law requires that the fines be ‘reasonable for the offense’ not exceeding $100 each issuance/per day. If a Homeowner refuses to pay the fines accrued on his or her account, eventually they will find their account in collections with added lawyer’s fees and possibly a lien on their home.

 

The violation process (as the law requires) can be quite lengthy – potentially between 30 – 365 days (which also depends on your community volunteers schedules)  WHAT COULD THIS MEAN? 

An issue can linger for sometime.

 

Violation inspections are in the interest of protecting the values of our homes and the beauty of the neighborhood.