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CC&R Violation Policy & Procedure
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Summers Creek Operating Policy & Procedure                        

Approved by the SCHOA Board 06/11/2020 (Orig. Date: 12/04/2011)

Subject

Enforcement of the SCHOA Covenants, Conditions and Restrictions (CC&R).

Purpose

To establish a policy and procedure for the Summers Creek Board of Directors to fairly and consistently enforce the Summers Creek Covenants, Conditions and Restrictions (CC&R) and operating rules in accordance with Chapter 720 of the Florida Statutes and SCHOA Governing Documents.

Scope

The requirements set forth in this policy apply to all Summers Creek homeowners.

Authorization

Articles of Incorporation Article IV, Section 4.2.3, 4.2.6, 4.3.2.; Bylaws Article VII, Section 7.3.9.; CC&R Article VII, Section 1.

General

  1. This procedure is not intended to augment or supercede any part of Chapter 720 F.S. or the SCHOA governing documents. Should any conflict arise, Chapter 720 and the governing documents will control.
  2. Summers Creek being a Deed Restricted Community means that all members of the association are required to adhere to the CC&R. In addition, owners are responsible for the actions of their tenants and guests and can be fined and/or incur legal action for CC&R violations created by them.
  3. The CC&R, together with various rules adopted by the board of directors, provide a framework for preserving community quality and thereby property values in the membership's best interest. As such, enforcing the CC&R is an integral part of the board's fiduciary duty to the membership.
  4. The board Secretary or designee appointed by the board will maintain a log of violations designed to document and track the status of violations from discovery through correction and aid in the consistent, timely follow-up on active violation issues. This CC&R Violation Log (Appendix A) will be available to all board members for review as a shared spreadsheet document. The log and all other violation related documentation will be a part of the HOA's Official Records and available to homeowners upon request.
  5. The board will use the CC&R Violation Priority Table (Appendix B) as a guide for perspective on violation severity. The board may change the priority level of CCR violations in the table as conditions warrant by a majority vote of the full board. The table in no way suggests selective enforcement.
  6. To be effective, CC&R enforcement must be a continuous activity with key decisions made at meetings and follow-through actions taken between meetings in accordance with this procedure. The board will convene Special Meetings as provided for in the Bylaws(Article VIII, Section 8.3.) in order to act on any Priority 1 or 2 issues that occur 10 days or more before the next meeting. The board may also act upon its decisions made via email between meetings if the vote is unanimous.
  7. The board will strive to maintain a neighborly, community-friendly approach in the enforcement of the CC&R and rules by promoting awareness, encouraging voluntary compliance and by providing guidance and assistance in preventing and/or resolving violations as appropriate.
  8. With the exception of discussion in open board meetings and among Board, ARC and Committee members, the details of CC&R violations, both open and closed, should be treated with discretion by all official parties. Sharing violation details as gossip with non-official parties risks liability exposure for the HOA. However, this does not preclude homeowner access to CC&R related official records of the association when requested.

Procedure

  1. As CC&R violations are observed or reported, The Secretary/designee will Log violations into the CC&R Violation Log (Appendix A) and assign the proper priority level indicated in the CC&R Violation Priority Table (Appendix B). This log will be maintained up to date at all times.
  2. At regularly scheduled board meetings, special meetings or between meetings via email, the board will review existing violations and vote to initiate enforcement action.
  3. With the board's consent, the president will proceed to send a 1st Notice by mail, email or delivered. The 1st Notice will set a requested correction date of between 10-30 days based on the board's judgment.(See A below)
  4. If violation remains uncorrected, upon expiration of the time provided by the 1st Notice, a 2nd Notice will automatically be sent as a reminder that provides another 10 days to correct the violation with a warning of possible fines and legal action if the violation is not corrected by then.
  5. If violation remains uncorrected, upon expiration of the time provided by the 2nd Notice, the board will consider fines and automatically forward the case to the HOA attorney for a demand letter to correct the violation by a certain date to avoid fines and legal proceedings. This will be considered the 3rd Notice.
  6. If the condition remains uncorrected by the due date of the 3rd Notice, the board will advise the HOA attorney, who may recommend a second demand letter or civil action; including mediation, the cost of which will be shared by both the board and the owner. At this time, the board will pursue fines per Ch 720.305, F.S.
  7. Upon correction of 3rd Notice violations, and after any fines and costs owed the HOA are paid, the board will inform the homeowner in writing when the case is officially closed.

Note: It is imperative to the effectiveness and integrity of the CC&R enforcement effort that once approved or due to be sent, all notices and correspondence from the board will be mailed, emailed or delivered without delay.

Procedural Supplemental

  1. Setting Correction Due Dates on Violations - The board will set corrective action due dates based on the perceived degree of difficulty involved. Simple violations that only require cleaning, moving or removing items typically require 10 days or less to correct. Larger, more complex corrective action like re-sodding a lawn or other substantial work involving contractors might require 30 days or more.
  2. In-person Board Visits - Rather than visiting homeowners un-announced, it is preferred that the board send out a 1st Notice with contact information if the homeowner wants to discuss the violation by phone or schedule an in-person visit. Whenever the president or any board member communicates directly with a homeowner on a violation, it is important that they accurately reflect the board's position and refrain from making any commitments or entering into verbal agreements that undermine or conflict with the outcomes the board is seeking.
  3. Appeals - The board will hear and rule on appeals from homeowners at regular or special meetings.
  4. Granting Time Extensions - If the homeowner agrees to correct a violation, but requests more time, the board may grant up to 30 days extension to the correction period and inform the homeowner of the new date.
  5. Repeat violations - may be expedited to resume from where the process ended previously without having to repeat the procedure from the beginning as if it were a new violation.
  6. The board will assess properties for legal fees; including demand letters and consultation as well as fines. The assessment, if unpaid, will remain an interest bearing obligation, which may be pursued in Small Claims Court, by way of lien if > $1K, Civil Court or applied to future estoppel charges at the board's option.

Appendixes

Appendix A - CC&R Violation Log                         Appendix C, D - 1st and 2nd Notice Letters

Appendix B - CC&R Violation Priority Table         Appendix E - CE Process Flowchart

Appendix A - CC&R Violation Log

Note: Format of sheet may be adapted to fulfill automation procedures

Appendix B - CC&R Violation Priority Table

NOTE: This is a sample of the CC&R Violation Priority Table. Refer to Online version for complete and current Table

Appendix C - 1st Notice Letter

Summers Creek Homeowners Association

P.O. Box 540833

Merritt Island, FL 32954-0833

hoa@summerscreek.us

321-872-7462

FIRST NOTICE

<<Date>>

<<Mailing_Name>>

<<Property_Address>>

<<Property_City>>

Subject:  Notice of Covenant Violation

Description: <<Violation_Observed>>

Applicable CCR Regulation(s): <<CC&R>>

Dear Homeowner:

While you might not be aware of it, a violation of the HOA's Covenants, Conditions and Restrictions (CC&R) has been identified on your property at the above street address based on a visual inspection performed on <<Last_Inspection>>.

Please contact the board using any of the options in the letterhead above to inform when the subject violation will be corrected, so that a follow-up inspection can be scheduled or if additional information is needed.

The board's duty to the membership includes working with homeowners to correct conditions prohibited in the CC&Rs so that our community stays well maintained and Summers Creek property values remain high. This benefits us all.

The board requests your cooperation in correcting the violation condition(s) by <<Correction Request Date>>.

Thank you for your cooperation in this matter.

Sincerely,

President, SCHOA

Summers Creek is a Deed Restricted community. Prospective buyers are informed of this when purchasing their home and given a copy of all HOA governing documents at closing, when they sign to indicate their agreement to abide by them. These documents include the CC&R(Covenants, Conditions and Restrictions), which the board is required to uphold under Florida law. These documents are also available for reference online at www.summerscreek.us.

Appendix D - 2nd Notice Letter

Summers Creek Homeowners Association

P.O. Box 540833

Merritt Island, FL 32954-0833

hoa@summerscreek.us

321-872-7462

SECOND NOTICE

<<Date>>

<<Mailing_Name>>

<<Property_Address>>

<<Property_City>>

Subject:  Follow-up Notice of CC&R Violation

Description: <<Violation_Observed>>

Applicable CCR Regulation(s): <<CC&R>>

Dear Homeowner:

On <<Last_Action_Date>> we sent a letter notifying you of violations observed on your property. Based on a visual inspection performed on <<Last_Inspection>>, the above condition(s) have still not been corrected.

We are extending to you a grace period of <<Grace Period>> days from the date of this letter for either the condition to be corrected or a commitment from you as to when it will be. Otherwise this matter, by procedure, will be forwarded to the Standards Committee for fine consideration and to the HOA's legal counsel, which will result in legal fees you will have to pay if the HOA prevails.

We would certainly prefer to resolve this matter without further delay, difficulty,  or expense. Please contact us at (321) 872-7462 or hoa@summerscreek.us so that we may discuss and find a fair and reasonable solution to this issue as neighbors, before the rules of litigation prevent us from doing so.

Sincerely,

President, SCHOA

Summers Creek is a Deed Restricted community. Prospective buyers are informed of this when purchasing their home and given a copy of all HOA governing documents at closing, when they sign to indicate their agreement to abide by them. These documents include the CC&R(Covenants, Conditions and Restrictions), which the board is required to uphold under Florida law. These documents are also available for reference online at www.summerscreek.us.

Appendix E - CE Process Flowchart

The SCHOA Covenant Enforcement Process