Deed Restriction Violation Process
We understand that, at times, it may appear that no action is being taken on particular properties that continue to be a nuisance to the Association. We can agree with you that it is frustrating when a property owner deliberately disregards notices that are being sent to them.
The Deed Restriction Violation process is as follows:
1. Initial Deed Restriction Letter - 30-days to cure violation
2. If violation continues to exist, Certified 209 Letter - 30-days to cure violation
3. If violation continues to exist, Certified Final Demand Letter - 30 days to cure violation
4. If violation continues to exist, Following the expiration of the Final Demand Letter, the Board has the authority to turn the violation over to the Association's law firm for demand compliance which will accrue legal fees and/ or lawsuits filed on the owner.
Please understand that this process may fluctuate based on the particular situation with the property owner.
For instance, if a homeowner is in active bankruptcy, the Association may not send a violation letter to
them that may endure any financial hardship. Therefore, although a violation may have been noted on a
particular property for several months, the Association is very limited on what action may be taken.
Another instance, if a yard is severely overgrown, the Association may exercise its right to issue a 10-day
certified Force Maintenance Notice to the property owner. If the violation is not cured within 10-days,
the Association has the authority to conduct the maintenance at the expense of the property owner.