Covenant Violation Notice
~15 minutes to fill in · 349 words · state notes for FL, CA, TX, AZ, NV, OR, WA
An owner is out of compliance and informal contact hasn't resolved it. Enforcement fails in two predictable ways: notices that don't cite the specific covenant, and notices that skip statutory hearing rights — Texas and California in particular impose strict notice-and-hearing procedures before fines. Fill in the state note's requirements before sending, apply the same process to every owner, and keep a copy with photos in the enforcement file.
Notice of covenant violation
[DATE]
Via [FIRST-CLASS AND CERTIFIED MAIL / DELIVERY METHOD REQUIRED BY YOUR STATE — SEE STATE NOTES] [OWNER NAME(S)] [PROPERTY ADDRESS] [MAILING ADDRESS IF DIFFERENT]
Re: Notice of violation — [PROPERTY ADDRESS], [ASSOCIATION NAME]
Dear [OWNER NAME]:
During an inspection on [DATE], the following condition was observed at your property:
Violation: [SPECIFIC, FACTUAL DESCRIPTION — e.g., “a boat trailer parked in the driveway continuously since [DATE]”]. Governing provision: [Declaration of Covenants, Article [X], Section [X] / Rules and Regulations, Section [X]], which provides: “[QUOTE THE OPERATIVE TEXT].” Observed by: [NAME/TITLE]. Photographs taken [DATE] are enclosed [/ available on request].
[If a prior courtesy contact occurred: This follows our [letter/email/conversation] of [DATE].]
What we ask, and by when
Please cure the violation by [DATE — at least the minimum cure period your state statute requires; see state notes]: [SPECIFIC CURE — e.g., “remove the trailer from the driveway,” “restore the lawn area,” “submit an architectural application for the change”].
If the condition is already resolved, or you believe this notice was sent in error, contact [NAME] at [EMAIL] / [PHONE] and we will re-inspect and close the file. If circumstances make the deadline impractical, tell us — the board can approve a reasonable compliance plan.
Your rights, and what happens next
You have the right to request a hearing before [the board / the covenants committee] regarding this notice. To request one, write to [ADDRESS/EMAIL] by [DATE]. [INSERT THE SPECIFIC HEARING AND RESPONSE RIGHTS YOUR STATE STATUTE REQUIRES — SEE STATE NOTES FOR FL/CA/TX/AZ/NV.]
If the violation is not cured and no hearing is requested, the board may take further action authorized by the governing documents and state law, which may include: fines per the Association's adopted fine schedule ($[AMOUNT] per [occurrence/day], where lawful), suspension of common-area privileges, performance of the work at the owner's expense where authorized, or referral to counsel, with costs assessed as the governing documents allow.
The Association enforces its covenants uniformly. This notice is part of the Association's enforcement record.
Sincerely, ____________________ [NAME], [TITLE — e.g., Board President / Community Manager, at the direction of the Board] [ASSOCIATION NAME] Enclosures: [photographs; fine schedule; copy of cited provision]
State notes
- Florida
- §720.305, Florida Statutes: fines and suspensions generally require 14 days' notice and an opportunity for hearing before an independent committee, and the committee must approve the fine. Do not levy a fine in the first notice.
- California
- Davis-Stirling: before disciplinary action, the board must give notice and hearing per Civil Code §5855 (including at least 10 days' notice of the hearing), and the association must have adopted a fine schedule distributed to members.
- Texas
- Texas Property Code §209.006: before enforcement action, most associations must send notice by certified mail describing the violation, informing the owner of curable-violation rights (generally a reasonable period of at least 30 days for curable violations) and the right to request a hearing under §209.007.
- Arizona
- A.R.S. §33-1803: an owner who receives a violation notice may respond and is entitled to specified information about the violation (including who observed it); fines require notice and an opportunity to be heard. Include the statutory response-rights language.
- Nevada
- NRS 116.31031: fines require notice and an opportunity for a hearing, cure periods apply to continuing violations, and fine amounts are capped by statute for non-health/safety violations. Verify current caps before your fine schedule is referenced.
- Oregon
- ORS 94.630 et seq. governs enforcement of planned community rules in Oregon. Associations must provide notice and an opportunity to cure before levying fines. Verify current hearing-rights requirements before referencing a fine schedule.
- Washington
- RCW 64.38.020 and your governing documents govern enforcement in Washington. Provide adequate written notice of the violation and an opportunity to cure; confirm any hearing rights applicable under your declaration before assessing fines.
More board documents
10 free documents cover hiring a management company, running the board, and managing vendors — each with state notes and a fill-in checklist.
Browse the library