A strong rule enforcement procedure typically contains a few basic components. It usually outlines the ways in which owners may file complaints with the board about alleged violations. Such options typically include emails, handwritten letters to management or completion of specific incident complaint forms. Violation complaints should always be as specific as possible and include the date, time, and location of the incident. They should also include any witnesses and supporting evidence that may support the complaint. This may include video or tape recordings, pictures, written statements, or police reports.
Upon receiving violation complaints, boards should review them and discuss whether they believe a violation exists. The fact that a complaint is lodged does not in and of itself mean a violation notice must be sent to the alleged offender. This step is sometimes overlooked by boards and management. There may be occasions when complaints are lodged and no action is taken because the board does not believe a violation occurred. This is an acceptable outcome.
If a violation is suspected to have occurred, a warning notice to the alleged offender is usually the first step. The notice should outline the facts and circumstances, cite the specific rule that was violated and provide the owner with an opportunity to cure the violation – if it’s ongoing – or to refrain from engaging in such behavior again. The warning notice should also outline the potential fine if the violation does not cease. If the violation continues or there is a repeat occurrence, a second violation notice is sent coupled with the threat of a fine. The owner must be given an opportunity to request a hearing with the board. If timely requested, a hearing is held with the board at which time the owner is afforded the opportunity to present his or her defense. Following the hearing and at the next open board meeting the board votes upon levying the fine. If no hearing is requested, the board votes at the next open board meeting upon levying the fine.
If the violation continues or there is a repeat occurrence, a third violation notice coupled with the threat of an increased fine is mailed. The opportunity for a hearing should be provided before the board
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Thomas.Engblom@cit.com
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42 | COMMON INTEREST®
• Spring 2021 • A Publication of CAI-Illinois Chapter
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