What are Violations?
So, everyone’s favorite topic. VIOLATIONS. No? Like them or hate them they are a necessary part of a HOA community to maintain uniformity in the legal documents of the community that everyone signs for at your real estate closing for your home. Think traffic tickets to keep people from speeding. Just know, most of us have probably received one. Ever receive a speeding ticket?? So, you are not alone! We didn’t get to that mildew quite soon enough. Or, that dead tree we’ve been meaning to cut down for safety. Oh, those mulch bags have been lying there how long? It couldn’t be that long. Could it? I really just bought them last weekend or was it three months ago? We are all busy, forget, have other priorities. So, please don’t take it personally. And sometimes the Management Company gets it wrong. Anyone get a violation for the trash can sitting on the curb day of trash day??? Evaluate, fix, and let the management company know it’s been taken care of. Disagree? Let the Management Company know why. It will be evaluated and assessed by the HOA Board.
So, some common questions about violations:
- Who decides what violations are?Violations are outlined in the Declaration of Covenants, Conditions & Restrictions (CCRs) plus Callonwood Architectural Review Committee (ARC) Guidelines and Community Standards which can be accessed from the Management Companies website. Also, city ordinances can be applied.
- Do those violations cost the community money & what is the process?Yes! Management companies pay people to drive around and take note of violations. Then, a letter has to be sent out. Or two, or three if no response. Additional requests have to be made to appear before the HOA Board if the problem hasn’t been fixed. Each letter cost the community money. In time, with no resolution, fines can be assessed. It becomes a large, extra community expense. So, be a good neighbor and work toward keeping our community beautiful, safe, and in compliance.
- What are common violations?Architectural Review Committee (ARC) Change Request Not Submitted Prior to Project
- ARC Requests are necessary for many changes to your property. For example, any painting of the exterior house, door, shutters, etc. Changes in lighting, landscaping, hardscapes. ANY removal of trees. The ARC has to get permission from the Union County Arborist to remove even a dead street tree. Any building projects, driveways, exterior building, pools, etc. Please see the Covenants for complete list.
- If an ARC request is not made, the HOA has the authority if the project isn’t approved to have it removed, changed, etc. Fines can be made for not submitting an ARC Request even if approved after the fact.
- Understandably, many people bristle at making these requests. Just know the original HOA documents are for the good of the community, property values, etc. You may not want to submit an ARC Request to paint your house a neutral color, but what if your neighbor painted their house purple with pink polka dots and hurt your resale? The HOA Board has to uniformly enforce any change. Otherwise, the property owner is responsible. What if you cut down a tree that ended up being on your neighbor’s property and they were really upset, etc.
- ARC Request can be made through the Management Portal. Also, you will find there the ARC Guidelines.
- ARC Requests are necessary for many changes to your property. For example, any painting of the exterior house, door, shutters, etc. Changes in lighting, landscaping, hardscapes. ANY removal of trees. The ARC has to get permission from the Union County Arborist to remove even a dead street tree. Any building projects, driveways, exterior building, pools, etc. Please see the Covenants for complete list.
- Landscape & Property Maintenance.
- Unkempt/unsightly Conditions –lawns/landscape beds; no grass, pervasive weeds, leaves not removed, mulch needed in beds, lawns need mowed, trees need pruned etc.
- Please note: blowing leaves into a common area for the landscaping company to pick up is NOT acceptable. This is extra time & cost to them and the community. Fines can be assessed. If this is observed, please forward to the Management Company.
- “Things” like empty pots, trash, soil/mulch bags, recreational toys, children’s toys, being left around and not picked up making the appearance unkempt.
- Mildew on home, shutters missing, painting needed, broken lighting, mailbox needs cleaned or painted, etc. (Some residents have found cleaners like “30 seconds spray and walk away” for siding and sidewalks has been effective not only in cleaning but in keeping mildew from coming back as quickly. )
A note on lawns. Yes, we all know it is difficult to maintain grass especially if you have multiple big trees. However, it can be done. It requires good soil (add amendments like compost, peat moss, top soil), good nutrients/weed control, and lots of water especially during hot months. Aerating/over seeding each fall is a big benefit. After seeding, a thin layer of peat moss can really help maintain moisture for the seed and improve soil. Maintaining a good yard is a cost just like any maintenance of a home and improves the community and values.
- Unkempt/unsightly Conditions –lawns/landscape beds; no grass, pervasive weeds, leaves not removed, mulch needed in beds, lawns need mowed, trees need pruned etc.
- Garbage Issue
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- Garbage Cans have to be “not visible from the street.”. Meaning they that just can’t be kept on the side of the house but must have something blocking their view like a shrub, lattice fence, etc. They cannot be kept in front of the garage, etc.
- The HOA Boards, however, have tried to encourage Management Companies to NOT write up garbage cans that are just sitting on the curb on trash day. As companies/employees change, this is a constant revolving door that has to be addressed. If this happens, just let the Management Company/Board know it was trash day so it can be addressed.
- Garbage /landscaping debris being put out prior to 24 hours on trash day. Obviously, there are times when a big project might require landscaping debris to be put on the curb. But, please limit this as a “rare” occasion not every week for leaves, etc.
- Garbage Cans have to be “not visible from the street.”. Meaning they that just can’t be kept on the side of the house but must have something blocking their view like a shrub, lattice fence, etc. They cannot be kept in front of the garage, etc.
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- Vehicles – See Declaration of Covenants, Conditions, & Restrictions, October 2003, Exhibit B.
- Parking outside the garage any of the following vehicles. “the following vehicles may be parked only in a garage: recreational vehicles, mobile homes, trailers, campers, stored vehicles, commercial vehicles (including all vehicles with commercial lettering or logos), and unlicensed or inoperable vehicles…”
- Time restrictions. “…for purposes of cleaning, loading, unloading, and short-term and visitor parking, any vehicle may be parked outside of an enclosed garage or carport temporarily and irregularly (in any event, not to exceed (4) consecutive hours at any one time), to accommodate such use.”
- Any vehicle cannot be parked on the lawn.
- A parking alert was issued May 26, 2022
- “PARKING ALERT – Callonwood Residents, it has been brought to the board’s attention that vehicles being parked on the street have become a safety issue in our neighborhood. Several of our neighbors have brought these concerns to the board at numerous meetings. Many of our neighbors feel that vehicles parked on the streets are causing blind spots and obstacles for moving vehicles that create dangers for our elderly, our kids, and our pets. Vehicles parked on our streets also cause issues for buses and emergency response vehicles. We are asking you to please be courteous to your neighbors when parking your vehicles. Please keep street side parking limited to a few hours at a time and during the day only. Please try not to leave vehicles parked on the streets overnight. We know this may be inconvenient to some, but we would not want anything tragic to occur in our neighborhood.
There have also been some complaints regarding vehicles parked on residential and common area lawns. Please remember, under no circumstances can vehicles be parked on lawns for any amount of time. Even having two wheels on residential or common area grass is prohibited.
Please think of your neighbors when parking your vehicles. Good neighborhoods are built on common courtesy to one another. The board thanks you for your attention to this matter.”
- “PARKING ALERT – Callonwood Residents, it has been brought to the board’s attention that vehicles being parked on the street have become a safety issue in our neighborhood. Several of our neighbors have brought these concerns to the board at numerous meetings. Many of our neighbors feel that vehicles parked on the streets are causing blind spots and obstacles for moving vehicles that create dangers for our elderly, our kids, and our pets. Vehicles parked on our streets also cause issues for buses and emergency response vehicles. We are asking you to please be courteous to your neighbors when parking your vehicles. Please keep street side parking limited to a few hours at a time and during the day only. Please try not to leave vehicles parked on the streets overnight. We know this may be inconvenient to some, but we would not want anything tragic to occur in our neighborhood.