STEP 1: Observation of Violation

  • Violation is observed or reported.
  • HOA verifies violation with evidence (inspection/photos).

STEP 2: Courtesy Notice (Optional)

  • Informal notice sent requesting voluntary compliance.
  • Typical response time to cure violation: 7–30 days.

STEP 3: Formal Notice of Violation (209.006 Notice)

  • Sent via certified mail.
  • Includes:
    • Description of violation.
    • Action required to cure.
    • Owner given a reasonable time to fix violation (typically 7–30 days).
    • Owner’s right to request a hearing.
    • Instructions on how to request a hearing (minimum 30-day deadline).
    • Statement about potential attorney’s fees.

STEP 4: Opportunity to Cure

  • Owner given a reasonable time to fix violation (typically 10–30 days).

STEP 5: Hearing Request (If Applicable)

  • Owner may request a hearing in writing by deadline.
  • If requested:
    • Hearing scheduled within 30 days.
    • At least 10 days’ notice of hearing date given.
    • Hearing conducted in executive session unless owner requests otherwise.
    • Owner may appear or submit evidence.

STEP 6: Decision and Further Enforcement

  • Board/Committee issues decision after hearing.
  • Remedies may include:
    • Fines (if authorized).
    • Suspension of rights.
    • Legal action.
    • Recovery of costs/attorney’s fees.

STEP 7: Fines and Collections

  • Fines must be reasonable and documented.
  • Fines cannot be reported to credit bureau without proper notice.
  • Delinquent accounts may be sent to collections (following notice procedures).

STEP 8: Special Circumstances

  • Immediate action allowed for health/safety threats or disaster-related issues.