If you have wondered how the PCVA enforces its covenants and rules -- here is a brief overview and a link to the complete document.
The policy is adopted to comply with the terms of the Colorado Common Interest Ownership Act ("CCIOA") which contains provisions that may conflict with the terms of the Association's governing documents. CCIOA and this policy will control over any conflicting provisions in the governing documents.
1. Enforcement Procedure. The Association will not impose fines, commence legal action for violations of the governing documents, record a Notice of Violation, suspend the right to vote or use recreational facilities, exercise self-help, or levy a Specific Assessment until after the Association has followed the procedures set forth below. Compliance with the procedures set forth below is not required for late charges on delinquent assessments.
2. Complaints. Any Owner may send the Association a written complaint by email or first-class mail, with as much information as is known of a covenant or rule violation. Complaints may also be initiated by the manager, any member of the Board or any member of the Modifications Committee. Complaints that cannot be independently verified by a Board member or the Association's manager must be in writing. The Association has no obligation to consider oral or anonymous complaints. The Board or the Association's manager may determine whether a written complaint is justified before continuing with any enforcement action or the notice and hearing procedures.
3. Notice of Violation.
A. The Association will send a written notice of any asserted violation of any provisions of the governing documents to the Owner in accordance with this policy. The Board may also, at its option, provide a copy of the notice to any non-Owner violator. The notice will describe: (i) the nature of the violation; (ii) the action or actions required to cure the violation; (iii) any fines that may be imposed; (iv) the right to request a hearing to contest the violation or possible fine, and (v) if a hearing is requested, a date by which such request must be received and a timeline for the hearing process ("Notice of Violation").
B. Notices from the Association will be sent in English; provided, however, that the Owner may send written notice to the Association with an alternate language preference. The Association will attempt to provide an accurate translation of the original English version, but due to nuances in translating to a foreign language, slight differences may exist.
C. An Owner may send written notice to the Association identifying another person to serve as a designated contact for the Owner for notices and correspondence. The Association will send the same written communications to the designated contact that it sends to the Owner. If the Owner wishes to change or cease the designated contact, the Owner must send the Association written notice.
D. For the purpose of this policy to comply with Colorado law, a notice is deemed received when sent by and according to the following timelines:
i. Email or text - Upon successful transmission of electronic mail or text message;
ii. Certified Mail/First-Class Mail - 3 business days after deposit for delivery:
iii. Posting - Upon physical posting at the Owner's Unit; or
iv. Actual Notice - Upon hand-delivery.
View the complete policy to include the violation curing timeline, hearing request to contest a violation notice, and the fine schedule at https://www.pcva.org/uploads/7/8/8/7/78875826/pcv_covenant_enforcement_policy_08.10.2022.pdf
The policy is adopted to comply with the terms of the Colorado Common Interest Ownership Act ("CCIOA") which contains provisions that may conflict with the terms of the Association's governing documents. CCIOA and this policy will control over any conflicting provisions in the governing documents.
1. Enforcement Procedure. The Association will not impose fines, commence legal action for violations of the governing documents, record a Notice of Violation, suspend the right to vote or use recreational facilities, exercise self-help, or levy a Specific Assessment until after the Association has followed the procedures set forth below. Compliance with the procedures set forth below is not required for late charges on delinquent assessments.
2. Complaints. Any Owner may send the Association a written complaint by email or first-class mail, with as much information as is known of a covenant or rule violation. Complaints may also be initiated by the manager, any member of the Board or any member of the Modifications Committee. Complaints that cannot be independently verified by a Board member or the Association's manager must be in writing. The Association has no obligation to consider oral or anonymous complaints. The Board or the Association's manager may determine whether a written complaint is justified before continuing with any enforcement action or the notice and hearing procedures.
3. Notice of Violation.
A. The Association will send a written notice of any asserted violation of any provisions of the governing documents to the Owner in accordance with this policy. The Board may also, at its option, provide a copy of the notice to any non-Owner violator. The notice will describe: (i) the nature of the violation; (ii) the action or actions required to cure the violation; (iii) any fines that may be imposed; (iv) the right to request a hearing to contest the violation or possible fine, and (v) if a hearing is requested, a date by which such request must be received and a timeline for the hearing process ("Notice of Violation").
B. Notices from the Association will be sent in English; provided, however, that the Owner may send written notice to the Association with an alternate language preference. The Association will attempt to provide an accurate translation of the original English version, but due to nuances in translating to a foreign language, slight differences may exist.
C. An Owner may send written notice to the Association identifying another person to serve as a designated contact for the Owner for notices and correspondence. The Association will send the same written communications to the designated contact that it sends to the Owner. If the Owner wishes to change or cease the designated contact, the Owner must send the Association written notice.
D. For the purpose of this policy to comply with Colorado law, a notice is deemed received when sent by and according to the following timelines:
i. Email or text - Upon successful transmission of electronic mail or text message;
ii. Certified Mail/First-Class Mail - 3 business days after deposit for delivery:
iii. Posting - Upon physical posting at the Owner's Unit; or
iv. Actual Notice - Upon hand-delivery.
View the complete policy to include the violation curing timeline, hearing request to contest a violation notice, and the fine schedule at https://www.pcva.org/uploads/7/8/8/7/78875826/pcv_covenant_enforcement_policy_08.10.2022.pdf
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