Written Request for appealing a Covenant Violation

To appeal a covenant violation, you must submit an email by the date listed in your Notice of Fine for Failure to Remedy Covenant Violation to hoacovenants@gmail.com with the subject line: Request for BOD Appeal. The body of your email must include your full name, address, and phone number. Failure to follow these instructions may result in a waiver of your appeal. Please add hoacovenants@gmail.com to your contacts or check junk/spam folders.

I. Hearing Process

Upon receipt of your appeal, you will be notified via email of a date and time to appear. Be on time for your hearing, it will start promptly at the time provided to you. There will be two current member of the Board of Directors present and you will have ten minutes to state your position. You may bring witnesses and evidence to support your case if necessary. You will not get a decision rendered at the hearing.

You must be courteous and conduct yourself professionally. A failure to do so may result in a waiver of your appeal. Please keep in mind that these are your neighbors who volunteer their time. If poor behavior continues, the Board Members may ask you to leave, which will result in a forfeiture of your Appeal.

II. How to Maximize your chance to win your appeal

You will not win your Appeal if your only argument is that you forgot about your covenant violation. You must demonstrate that a fine would be unfair under specific circumstances that apply only to you or your covenant violation.

You must be fully prepared with any proof necessary to support your position, including proof of diligent efforts to cure the violation. Failure to provide this information prior to or at the hearing may result in a forfeiture of the appeal.

In summary, to win your appeal you need to either (i) prove particular circumstances that justify your inability to remedy the covenant violation by the deadline, (ii) prove that what you were cited for is not a covenant violation, or (iii) prove that a fine would be unduly punitive to you based on your specific life circumstances (financial or otherwise).