You might see the BCA compliance vehicles out and about in Brandermill all the time. We are out every day in the neighborhood doing anything from reviewing tree requests, doing disclosures, working on ARB applications, following up on violations and legal matters, looking into complaints, and inspecting neighborhoods. One of our jobs is to make sure the violation process is followed and progressing as needed.
The violation process starts either with a routine inspection of the property or a complaint.
Staff will send a violation letter if non-compliant items are sighted on the property. The first violation letter will note the offense and the date the non-compliant item(s) need to be resolved. This compliance date varies depending on the type of violation. If you are working on taking care of the violation but need more time, let us know we will work with you. Upon the due date, staff will conduct a follow-up inspection to verify that violations were addressed. The case will be closed if items were addressed and are in compliance.
If the member did not address the non-compliant item(s) during the follow-up inspection, a second violation letter is sent. Again, this letter will note the violation and another compliance due date. This date can be and typically is shorter. Staff conducts another follow-up inspection upon the compliance due date. If the member addressed the violation, the case is closed. If left unaddressed, depending on the violation, staff sends a third violation letter (just like the letters above) OR moves the case to the Hearing Panel stage.
If the violation case proceeds to the Hearing Panel stage, the member will receive a notice via certified letter. This letter will state the original violation and that failure to resolve the non-compliant item(s) has resulted in the case being referred to the Hearing Panel Committee. The letter also tells the owner the date and time the committee will review the case, and the potential steps the Committee/Association can take, such as levy charges/fines, and what that breakdown is. The property owner is invited to this meeting to discuss the issue.
Hearing Panel Committee meets once a month. If the violation is still not resolved by the time of the meeting. The Hearing Panel Committee hears the case. Depending on the circumstances, can either place a monetary fine per occurrence or set a final deadline of when the violation needs to be resolved. Suppose the violation is not taken care of by the deadline; the property owner’s account will be fined up to $900 (state law maximum), and the property is turned over to our attorney to start legal proceedings in court.
This might be seen as a long process, but we must ensure we are doing our due diligence to alert the homeowner of the issue and give the owner time to address the violation. So just because you do not “see” anything going on at a particular property, rest assured that we are working through our process.
***NOTE – This process is for residential and commercial properties. ***