The fundamental goal of an HOA (homeowners association) is to maintain and improve the community’s quality of life and property value. To achieve that goal, the community establishes certain guidelines (Covenants, Rules and Regulations and Architectural Controls). As the Association Management Company, it is our responsibility to support you and your Board in the enforcement of those rules.
The Colorado Common Interest Ownership Act (“CCIOA”) defines two types of violations and the process for enforcement. The first class of violations are those violations which the Association determines threaten public safety or health. The second are violations of the Covenants, Rules and Architectural Guideline.
CCIOA establishes the enforcement policy that must be followed, for each category and your governing documents echo those requirements.
It is a common misconception that we are compensated for citing and fining violators. Nothing is further from the truth. To be perfectly clear, The Summit receives no financial benefit from notifying a homeowner of a violation. If the violation ends up incurring a fine, that money goes back to the association (not to The Summit).
We do share a set of common goals with your board and one of those goals is to reduce or eliminate open violations. Open violations are a blemish on our record.
So how can we reduce violations? Through education, communication, and prevention.
But first – why do violations occur?
- Most violations are due to a misunderstanding or lack of knowledge of the rules.
- Some are simply circumstantial or short term. A circumstantial violation might be a trash container left in the driveway. The homeowner is out of town and forgot to ask someone to put it away while they were gone. A trailer they were using to haul garden material left in the driveway overnight or your backyard BBQ ran a little late and was a tad too loud. All circumstantial and easily corrected.
- In our experience, less than 1% of violations are intentional, where an owner is fully aware they are violating the Rules and Regulations but proceeds anyway. Unless they are remediated, those will result in fines and potentially, legal action.
So, what can we do to avoid enforcement action?
First, we can help you understand the rules. Through your portal, you have access to all the HOA’s governing documents. But sometimes it is difficult to find what you are looking for. If that is the case, please call, email, or text us. We will answer your question within 24 hours.
Second, when we become aware of a potential violation, either from a neighbor’s complaint or something we noted during one of our regular neighborhood drive-throughs, we will send you a brief, friendly reminder. If the situation continues, we will follow that up with another reminder within 30 days. This allows you plenty of time to respond or correct the oversight and avoid a fine.
Third, is through continuing education. We will be using your Newsletter as an opportunity to highlight the rules and provide guidance on how to comply.
Remember, the rules are for your benefit. They protect and enhance your quality of life and property value.
Thank you for taking the time to read this article.