Community Violations

COMMUNITY VIOLATIONS
Some residents are wondering why doesn’t the Association crack down on violations. The short answer is, we do. For a slightly longer answer, read on. The Association has a three step process for enforcing the covenants: 1. Initial notification of the violation. 2. Second notice of the violation which includes a notice of a possible fine. 3. Final notice that states a fine has been imposed and will begin to accrue if not corrected and the owner fails to appear at a Due Process Hearing.
There are also instances where the Association can step in and correct certain violations. This is often referred to as “Self Help. Many attorneys do not recommend this action on occupied properties as it can open the Association to liability and legal action. However, Auburn Lakes has used this on many of the foreclosed homes and as a means to achieve compliance from habitual offenders.
If, after all else has failed, the Association can bring the offending party to court. This is by far the costliest and means to compliance and should never be the first course of action.
By now, many of you are wondering why doesn’t the Association just cut down that process to one letter and hit them with a fine? While they would be well within their legal rights to do so, one must bear in mind that enforcement of the covenants must be done evenly. Is it fair to immediately impose a fine on someone who forgot to pull in the garbage can or who didn’t pull some weeds over the weekend because it was too hot?
So, while the Association actively pursues compliance, it isn’t always achieved overnight.

 

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