What Gets Enforced
Two categories of violations
The community's Property Manager inspects Deerwood periodically and coordinates enforcement. Violations generally fall into one of two categories, both of which may be subject to fines.
ARC violations
- Makes an exterior improvement without first obtaining the required ARC approval, or
- Receives ARC approval but does not complete the work as approved.
Non-ARC violations
- Unauthorised vehicles or boats parked in driveways
- Trash cans left in unacceptable locations
- Yard and landscape maintenance that falls below community standards
Step by Step
The notice process
If a violation is identified, the Property Manager notifies the homeowner in writing and gives time to correct it. If it isn't resolved, each step escalates. At any point you can contact the Property Manager — especially if you intend to fix the issue but need more time.
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1First letter14 days to correct
You receive a letter describing the violation and asking you to correct it within 14 days. If you plan to fix it but need additional time, contact the Property Manager to discuss.
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2Second letter14 more days · fines may begin
If the issue isn't resolved, a second letter allows another 14 days and warns that fines may be levied against your account if the violation continues.
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3Third letterCEC hearing · at least 14 days' notice
If still unresolved, a third letter sets a date for the matter to be presented to the Covenants Enforcement Committee (CEC), which considers any fine. This letter is sent at least 14 days before the hearing.
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4Notice of Intended Enforcement Action14 days to present a written plan
If you don't respond to the third letter (or a Notice of Fine) with an acceptable written plan to resolve the violation within 14 days, the Property Manager issues a Notice of Intended Enforcement Action.
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5Attorney demand letterIssued with Board President approval
If there is still no acceptable written plan within 14 days of that notice, the Property Manager — with the written approval of the Board President — directs the Association's attorney to send a formal demand letter.
Fines
Fines & the CEC
The Covenants Enforcement Committee is a group of residents appointed by the Board. Its single job is to review fines that management has levied and decide whether they are appropriate — the CEC may uphold all, part, or none of a fine. A fine is not charged to your account until the CEC imposes it.
What the CEC does — and doesn't — do
- It only decides whether a levied fine should stand, in whole or in part.
- It does not decide whether a violation happened, cannot suggest or approve a fix, and cannot declare a reported violation invalid.
- Correcting the violation before your hearing may be treated as a mitigating factor, but it does not automatically cancel a fine.
- ARC application fees and late fees are not fines and cannot be waived by the CEC.
Escalation
When a violation isn't resolved
Enforcement continues independently of the CEC — the committee only rules on fines, while the Association keeps working to bring the property into compliance. Violations that remain unresolved are reported to the full Board of Directors at a regular meeting, along with the property's history.
At that point the Board may pursue one or more remedies as appropriate: exercising its "self-help" rights to correct the issue where the governing documents permit, directing the attorney to send a further demand letter, offering or initiating mediation, and — if necessary — pursuing litigation to obtain a court order requiring correction. All such actions are taken in accordance with the Covenants and applicable law.