Violation Letters

ADVERTISEMENT

Violation Letters
Notifying residents that they are in violation of an association rule is one of the necessary evils
of community association management and administration. Different residents will respond to
your notification with differing levels of intensity. Some will be eager to comply, others will delay
compliance as long as possible, and other will resist indefinitely.
When problems arise, start with simple personal contact. Particularly in small communities, a
phone call or a knock on the door with a friendly reminder and an appeal for compliance may be
all that’s needed. Personal contact promotes a sense of community and fosters cooperation
among residents who will see managers and board members as caring rather than enforcers.
However, there will be some residents who do not respond to this initial contact. That’s why it is
good to have two or three progressively stronger violation letters that begin by giving residents
an opportunity to comply at the lowest level of notice. These basic form letters can be easily
personalized.
The first letter should be a friendly, polite letter explaining the violation. It’s important to be
positive and allow the resident the benefit of the doubt. Explain that rule violations affect
property values for the whole community and that the board has a responsibility to preserve
those values. Remember, your goals are to make residents aware of the rule, get them to
comply with it, and let them know what happens if they don’t.
If a second letter becomes necessary, state the alleged violation, cite the document where the
rule can be found, and clearly delineate what the resident has to do to comply, when this has to
happen, the procedures for due process, and the consequences of noncompliance. The tone
should be professional and firm. Be sure to include the name and number of someone the
resident can call.
A third letter is generally some type of final notice to the resident that the matter is being turned
over to the association attorney or a collection agency.
When you draft your violation letters, remember to strive for non-confrontational phrases like:
“We realize there are always two sides to a question, and we are eager to hear from
you.”
“If you feel the rule in question shouldn’t be applied in this particular case, please advise
us in writing so we may consider your opinion.”
“We have been notified of a possible misunderstanding.”
“Our rules do not allow for this practice. If you believe that we should reconsider this
rule, please let us know in writing. At this time, however, we are bound to respect the
rule as written.”
Also remember there is also a place for positive correspondence and thank-you notes should be
sent to residents who correct violations.
(From pages 12—13 of Communications for Community Associations; by Debra H. Lewin; Community
Associations Press, 2001.)

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal
Go
Page of 2