Morningside Foothills

MORNINGSIDE CC&R VIOLATION PROCEDURE

What happens when there is a CC&R Violation?

The following is the procedure to be followed when becoming aware of, or upon the receipt of a complaint concerning the violation of the CC&R’s.

1. Complaint is turned over to the Architectural Control Committee (ACC) and is logged. Log should include date received, complainants’ name, address of violation and the nature of the problem. The ACC copies the rest of the Board by email that the ACC has received a CC&R Violation complaint.

2. The ACC attempts first contact as per Phase One of the HOA Compliance Policy. A log is kept of the dates and times of attempted contact. If, at this time, the Homeowner responds by remedying the situation, or by submitting a reasonable Plan of Action, the procedure ends here. If the Homeowner does not respond to contact attempts within 3-4 days it is noted on the log and we proceed to step three.

3. Violation Letter 1 is sent by the HOA Secretary, at the direction of the ACC Chairman, on behalf of the Board as per Phase Two of the Compliance Policy. A copy of this communication is placed in the Homeowners file and the Board is notified via email that Violation Letter 1 has been sent. If, at this time, the Homeowner responds by remedying the situation, or by submitting a reasonable Plan of Action, the procedure ends here. If the Homeowner does not respond to Letter 1 within two weeks, this is noted on the log and we move to step 4.

4. At the end of the second week (after Letter 1 was sent) a Hearing is scheduled and Violation Letter 2 is sent via Certified Mail by the HOA Secretary, at the direction of the ACC Chairman, on behalf of the ACC and the HOA Board as per Phase Two of the Compliance Policy. A copy of this communication is placed in the Homeowners file and the Board is notified by email that Violation Letter 2 has been sent. If not already done, three written complaints are gathered in accordance with the pursuit of fines and fees. Copies of written complaints are filed in Homeowners file.

5. If the Homeowner does not respond to Violation Letter 2 and if a satisfactory solution is not found at the Hearing, copies of the three written complaints, all correspondence and a copy of the log of activity up to that point are provided to the Attorney.

6. IN SUMMARY: The entire procedure from start to finish should take no longer than approximately one month. The dates and times of each step should be documented. The process is initiated and carried through by the Architectural Control Committee on behalf of the Board. The Secretary at the direction of the ACC Chairman sends all written correspondence. The ACC reports to the board each step via email and keeps the Board advised of the status of the situation. If, at any time, the Homeowner responds by remedying the situation, or by submitting a reasonable Plan of Action, prior to the Board turning the matter over to the Attorney the procedure ends.

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