Brandermill Community Association Property Management Department Work Flow Chart-‐ Covenant Enforcement Process
A. Violation noted-‐ B. Owner notified (mail)-‐ C. Time frame established for corrective action {30 days standard, but could be longer or shorter depending on nature of violation(s)} A. Time frame concludes B. Re–inspection completed Time ofr rame elapses C. Case A. closed D. Further enforcement action necessary
HP referral
2nd notice
notice
A. Refer to Hearing Panel (HP) or B. second notice filed, case by case basis of staff based (decision on circumstances)
A. Re-‐send violation B. Re-‐establish time line for compliance A. Time frame concludes B. Case closed, or C. Refer to HP
HP referral
Case closed no further action required
A. POA requirements: 1. Owner notification minimum 14 days in advance 2. Owner notification by certified mail. 3. Owner allowed legal counsel . 4. Charges allowed: a. up to $10 per day 90 days max for continuing violation or b. $50 singular occurrence , on again off again
A. HP convenes, (4th Thursday) 1.Does violation exist? 2. Additional time given to correct per POA 3. Amount of charges retroactive to HP date if not corrected. 1
Brandermill Community Association Property Management Department Work Flow Chart-‐ Covenant Enforcement Process
A. Post HP Actions: ref 1.HP compliance time frame concludes a. Does violation exist? i. no, case closed ii. yes, department monthly meeting iii. update CM
No further activity
Case Closed
90 days concludes
Refer to Legal
A. Post HP Actions: 1. CM decision points a. charges assessed b. charges withheld (communication received from owner) i. activity begins toward compliance, ii. special hardship -‐ plan developed for compliance
A. Post HP Actions: 1.Property in compliance, case closed 2. Owner fails to comply a. charges assessed i. after 90 days see above
A. Legal Action: 1. Send 30 day demand letter a. owner agrees to comply i. bca staff monitor and report to CM and counsel a. no response i. file suit
2
A. Post HP Actions: 1. CM decision points a. most egregious refer to legal counsel b. give notice of intent to lien c. less egregious remain with staff i. monitor monthly Proposed new action item?
Brandermill Community Association Property Management Department Work Flow Chart-‐ Covenant Enforcement Process A. Legal Action con’t: 1. no response a. file suit i. seek injunctive relief-‐ (fix property) ii. seek compensatory damages -‐ (HP authorized charges) A. Legal Action con’t: 1. Successful prosecution of suit results in a judgment ordering the above two, injunctive and compensatory and ii. award of attorney fees, and iii. court costs