GRANT RANCH MASTER ASSOCIATION

Process for Entering Onto Property to Correct Exterior Violations

 

1.         Send notice under 8.1 of the Declaration that:

 

A)        Owner has failed to maintain (give details);

B)        Association intends to enter onto property and correct violations (give

            details of what to be done);

C)        Advise owner that hearing has been scheduled for certain date (suggest

            special meetings for hearings, not at regular Board meetings);

D)        Advise owner to contact Association to arrange for access into  property to

            turn water on to sprinkler system (if necessary)*; and

E)        Advise owner that they will be responsible for all costs associated with the

            work to be done.

 

WHO: Counsel will prepare initial “form” letter but management will send actual letter with details

 

DEADLINES:  Notice must be sent at least 15 days prior to the hearing

 

NOTE:  The Board President or his designee is authorized to decide if this process is to be utilized and is authorized to direct management to initiate it.

 

2.         Conduct hearing (see above) and make decision to enter property or not

 

3.         Send letter to owner advising that:

 

A)        Decision was made to enter property;

B)        Owner will be responsible for all costs associated with the work to be

            done.

 

WHO: Counsel will prepare initial “form” letter but management will send actual letter with details

           

DEADLINES:  No specific number of days required (suggest special meetings for hearings)

 

4.         At the same time letter is sent to owner under #3 above, send letter to

neighbors advising that:

 

A)        The Association is exercising its right to enter the neighbor’s property to

            maintain it;

B)        If the neighbor has knowledge of contact information for the owner or sees

            activity at the property, he or she is requested to notify the Association’s

            manager.

 

WHO: Counsel will prepare initial “form” letter but management will send actual letter with details

 

5.         Cost estimates for typical work to be done – See attached bids, which may

            vary year to year.

 

6.         Once the costs incurred by the Association reach or exceed $500 or six

months after the initiation of this process, whichever occurs first, management shall send a notice to the owner pursuant to 7.18 (no prior Board approval is necessary). The notice should include:

 

A)        The exact charges; and

B)        A hearing date. 

 

NOTE:  THIS CAN NOT BE DONE IF THE PROPERTY IS OWNED BY FHA, VA, FHLMC, GNMA, FNMA.

 

WHO:             Counsel will prepare initial “form” letter but management will send actual letter with details

           

DEADLINES:  Notice must be sent at least 15 days prior to the hearing (suggest special meetings for hearings)

 

NOTE:  The Board may, at its sole discretion, decide to levy a Reimbursement assessment prior reaching the $500 or six month threshold, if the particular circumstances warrant.

 

7.         Conduct hearing and levy Reimbursement Assessment

 

8.         Send notice to owner advising them that:

 

A)        Reimbursement Assessment has been levied;

B)        Amount of Reimbursement Assessment;

C)        Notice that Reimbursement Assessment is due within 30 days (pursuant

to Section 7.18 of the Declaration) and if not paid considered delinquent and use all remedies allowed by law and Declaration

 

WHO:             Counsel will prepare initial “form” letter but management will send actual letter with details

           

DEADLINES:  Not due until 30 days after notice so time is of the essence.

 

*Section 8.1 specifically provides that the Association may not enter INTO a unit unless the owner consents or there is a “clear emergency.”