Ashford Three Owners Association

President’s Message... By Rhonda Buckman

Aug 21, 2003

After your vote to authorize uniform procedures and fines for non-compliance with the Covenants and Restrictions, the Board of Directors met at Wendy?’s on August 19th and decided on the following procedures that will become effective at midnight on October 18th. NOTE: All existing homeowners who have received violation letters in the past will have their accounts reset back to zero, so any violation letter after this effective date will be your ?“First Notice?” no matter how many previous letters you had received. If you received a violation letter in the past, take the time now during this 60-day transition period to correct the problem.
First Notice: Conduct routine inspection of property. If violation or problem is noted during the inspection, the Association will send the property owner a 1st Notice letter by first class mail giving them 30-days to correct the problem or 10-days to submit written rebuttal or a written restoration plan to correct the problem.
Second Notice: Re-inspect the property after the 30-day period above. If problem still exists or has not been satisfactorily corrected, send owner 2nd letter by First Class mail explaining the problem and requesting they take steps to immediately correct the problem. They will have an additional 30-days to make the necessary corrections or 10 days to submit a written rebuttal or restoration plan to correct the problem.
Third Notice: Re-inspect the property after the additional 30-day period specified above. If problem still exists or has not been satisfactorily corrected, send owner 3rd letter by First Class mail explaining the problem and requesting they take steps to immediately correct the problem. The property owner will have an additional 10-days to make the necessary corrections or five (5) business days to submit a written rebuttal or restoration plan or be subjected to a $100.00 Special Assessment
Fourth Notice: Re-inspect the property after the additional 10-day period specified above. (NOTE 80-days will have elapsed at this point) If problem still exists or has not been satisfactorily corrected, the Board of Directors will direct that the owner be sent a 4th letter by Certified and First Class mail imposing the $100.00 Special Assessment. The property owner will have an additional 10-days to make the necessary corrections or five (5) business days to submit a written rebuttal or restoration plan or be subjected to an additional $100.00 Special Assessment.
Fifth Notice: Re-inspect the property after the additional 10-day period specified above. If problem still exists or has not been satisfactorily corrected, the Board of Directors will direct that the owner be sent a 5th letter by Certified and First Class mail imposing an additional $100.00 Special Assessment. The property owner will have an additional 10-days to make the necessary corrections or five (5) business days to submit a written rebuttal or restoration plan or be subjected to an additional $100.00 Special Assessment.
Sixth Notice: Re-inspect the property after the additional 10-day period specified above. If problem still exists or has not been satisfactorily corrected, the Board of Directors will direct that the owner be sent a 6th letter by Certified and First Class mail imposing an additional $100.00 Special Assessment. The property owner will have an additional 10-days to make the necessary corrections or five (5) business days to submit a written rebuttal or restoration plan or be subjected to an additional $100.00 Special Assessment.
Seventh Notice: Re-inspect the property after the additional 10-day period specified above. If problem still exists or has not been satisfactorily corrected, the Board of Directors will direct that the owner be sent a 7th letter by Certified and First Class mail imposing an additional $100.00 Special Assessment. The property owner will have an additional 10-days to make the necessary corrections or five (5) business days to submit a written rebuttal or restoration plan or be subjected to an additional $100.00 Special Assessment.
Eighth Notice: Re-inspect the property after the additional 10-day period specified above. If problem still exists or has not been satisfactorily corrected, the Board of Directors will direct that the owner be sent a 8th letter by Certified and First Class mail imposing the final $100.00 Special Assessment. The property owner will have an additional 10-days to make the necessary corrections or five (5) business days to submit a written rebuttal or restoration plan or their account will be turned over to the association?’s attorney for further legal action.
Ninth Notice: Re-inspect the property after the additional 10-day period specified above. NOTE: Over 130 DAYS (4 ?¼ Months) have elapsed to this point) If problem still exists or has not been satisfactorily corrected, the Board of Directors will direct that the owner?’s file be turned over to the association?’s attorney for lien recording and further legal actions.
Tenth Notice: The association?’s attorney will file a lien for all outstanding fees owed to the association. This will include additional lien processing and legal fees. The attorney will then send a letter to the owner seeking voluntary correction of the problem.. If the owner does not respond or make the corrections within 15 business days, a lawsuit will be filed.
The association?’s goal is to work with every homeowner to rectify a problem first and not to be forced to resort to fines. As you can see, each step clearly allows a homeowner time to correct the problem or submit a written restoration plan to correct the problem. So long as an owner makes satisfactory progress towards correcting a problem, then fines would not be considered. However, if an owner fails to follow their written restoration plan or ignores all requests to bring their property into compliance with community standards, then the Board will consider if fines are warranted.
Your Board felt these uniform procedures ensured fair and equal treatment. So while you may not think anything is happening or a problem seems to persist for a long time, now you can understand how long we will be working to solve the problem. By following these steps carefully the association is in a better position if the matter eventually does end up in court.