The Essentials of Due Process:
from time to time, community rules are broken. When this happens,
the association informs the residents about the problem and follows
what is known as the due process procedure.
stated, this means that the association always notifies residents of
alleged violations before taking any action. We send written
notice describing the possible rule violation and ask the residents to
correct the problem voluntarily by a specific date. These notices
also explain any action the association may take if the violation isn’t
association understands that things aren’t always as they seem.
So, any time we send notices to residents, the board wants to hear the
resident’s point of view. We can arrange for residents to meet
with the board before imposing any type of penalty. In fact,
imposing penalties isn’t the goal at all! It’s more important that
residents comply with the association’s rules for the good of everyone
in the community. These meetings give residents and the board an
opportunity to discuss rule violations informally and arrive at a
of the Community should not expect overnight remedies regarding the
failure of some homeowners to cure their Covenant Violations. The
following is a “typical scenario” of the “Due Process”:
A covenant violation is either spotted during a routine community drive
or a homeowner calls and reports a violation to the office. A
courtesy letter is always issued on the first occurrence of any
violation when not witnessed by the HOA Manager or Board of
Directors. This is an attempt to discover possible reasons for the
violation; not home due to illness or vacation, unaware of the
Covenant, repairs pending insurance claims, etc.
2. Either 10
days or during the next routine drive, if violation persists, a 2nd
Notice is issued. In some severe cases, this action is skipped to
3. During the next routine drive, if violation
remains and all courtesy letters have been ignored, an official
Violation Letter is issued giving homeowner xx number of days to cure
and 30-days to request a hearing before the Board of Directors to
present their case regarding the cited violation. Regardless of
our Bylaws and Covenants, the SC Property Code statutes take
precedent at this point and we must allow 30-days notice before any
legal action(s) can be taken. In addition, either the HOA Manager
or a Member of the Board of Directors must visually witness the
violation before a Violation Letter is issued.
4. If after the required 30-day notice the violation has not been cured, the Board of Directors must vote to take any further action(s).
If the Board agrees to take the matter to litigation the HOA will have
to pay attorney fees and court costs and attempt to recover these costs
from the Homeowner if allowed by law.
bottom line, most violations can take a minimum of two weeks and if the
Homeowner is defiant and the violation goes to litigation can take 3 to
6+ months to be resolved.