Deed Restriction Information
HOA Violation Inspections are a necessary part of normal management services for the community. Although it is just one of the many services we perform for our communities, it’s certainly a main focus for many homeowners. It’s understandable why. Many homeowners can be surprised that they received a compliance violation, and others can be frustrated on why they are being informed to correct something on their home.
A lot of the focus comes from a lack of understanding about the governing documents. One of our biggest priorities is to provide education to ensure that all homeowners fully understand the association documents, including the rules and regulations and the CCR’s for our community. Understanding the actual compliance violation process certainly helps others further understand the intentions of the inspection process.
One of the major responsibilities of the Association is to protect your investment and enhance the value of your property. The Association is required to enforce the Declarations of Covenants. In order to do this fairly and the same to all homeowners the Memorial Parkway subdivision is driven every other week for possible deed violations. A paid independent contract worker hired by the Association does this task. The documents used to judge a possible deed violation is the ACC Guidelines and the Declarations of Covenants, Conditions, and Restrictions.
MPCA Deed Restriction Procedures:
- Written complaint received or possible violation observed during routine visual inspection by employee. Employee must check all written complaints received before a letter is sent.
- A courtesy letter, along with a photo of the violation is sent to the owner via email or mail if there is not an email on file for the home. The letter is sent to both the property address and the mailing address if there is a difference. The homeowner is given 10 days to respond and/or correct the violation.
- The property is re-inspected after 10 days. If the violation still exists, the employee notes the violation and another photo is taken.
- A first notification of a possible deed restriction violation letter, noting the section of Declarations of Covenants or ACC Guidelines, is sent via email or mail if email is not on file to owner citing the violation. A copy of the notification is sent to the property address if the owner is a non-resident.
- If no response is received from homeowner within 10 days from the second letter and the violation still exists or is viewed a 3rd time, a second notification of possible deed restriction violation letter will be send regular mail and emailed to the homeowner. The homeowner is warned that if the violation is not corrected a charge of $50 will be included with any further notifications from MPCA. The letter is sent to both the property address and the mailing address if there is a difference. The homeowner is given 10 days to respond and/or correct the violation. The property is re-inspected after 10 days and another photo is taken.
- If the violation has not been corrected, a third notification of a possible deed restriction violation letter, noting the section of Declarations of Covenants or ACC Guidelines, is mailed to the homeowner via certified mail/return receipt and regular mail to the homeowner. The homeowner will be assessed a $50 charge, as per MPCA documents. A copy of the notification is sent to the property address if the owner is a non-resident.
- If no response is received from homeowner with in 30 days and the violation still exist a fourth letter certified may be sent. The forth letter also carries a $50 handling fee.
- If no response is received from homeowner within 15 days, the file is referred to the MPCA Board for review and possible litigation.
- If the Board decides to take legal action an attorney letter is sent to homeowner stating the Board is preceding with legal action. As you can see, MPCA has many, many steps before pursuing legal action against a homeowner for a deed violation. There are many ways that homeowners can resolve a deed violation and not get into legal action. The best way is to just send a letter or call the office with your plans to fix the possible deed infraction.