Addressing a violation of covenant requires clear and formal communication. Whether you’re sending a notice for a general breach of covenant or a specific restrictive covenant letter, a well-structured template can ensure your message is understood and legally sound.
These samples provide a framework for notifying residents of violations and outlining the necessary steps for resolution, which is crucial for maintaining community standards and property values.
Sample Letter to Resident When Violation of Covenant
[Your Name/HOA Name]
[Your Address]
[Your City, State, Zip Code]
[Your Phone Number]
[Your Email]
[Date]
[Resident’s Name]
[Resident’s Address]
[City, State, Zip Code]
Subject: Notice of Covenant Violation at [Property Address]
Dear [Resident’s Name],
This letter is to formally notify you of a violation of the community’s covenants, conditions, and restrictions (CC&Rs) observed at your property.
On [Date of Observation], it was noted that [Clearly describe the violation, e.g., a non-permitted structure has been erected in the backyard]. This is in violation of Article [Article Number], Section [Section Number] of the CC&Rs, which states that [Quote or paraphrase the specific rule].
We request that you take corrective action to remedy this violation by [Date]. This would involve [State the required action, e.g., removing the unapproved structure].
Failure to address this issue by the specified date may result in further action, including potential fines, as outlined in the community bylaws. We hope to resolve this matter amicably and appreciate your cooperation. Please contact me if you have any questions.
Sincerely,
[Your Name/HOA Representative]
[Your Title]
Breach of Covenant Letter Sample
Subject: Formal Notice of Breach of Covenant at [Property Address]
Dear [Resident’s Name],
This letter serves as a formal notice that you are in breach of the covenants governing the [Community/Property Name]. Our records indicate a persistent issue regarding [Describe the breach, e.g., improper disposal of trash and debris on the property].
This action is a direct breach of Section [Number] of our governing documents, which requires residents to maintain their property in a clean and sanitary condition.
You are hereby required to cure this breach immediately. All debris must be removed by [Date]. Please be advised that failure to comply will compel us to escalate the matter, which may include levying daily fines of [Amount] until the violation is resolved.
Restrictive Covenant Letter
Subject: Violation of Restrictive Covenant – [Specific Issue]
Dear [Resident’s Name],
We are writing to inform you of a violation of the restrictive covenants for your property at [Address]. The violation pertains to [Describe the specific issue, e.g., the storage of a commercial vehicle in the driveway], which is expressly prohibited under Article [Number], Section [Letter] of the community’s Declarations.
Restrictive covenants are in place to maintain the aesthetic and residential character of our community, and compliance is mandatory for all homeowners.
Please remedy this situation by removing the vehicle by [Date]. Continued non-compliance will result in penalties as outlined in the community bylaws. We thank you for your prompt attention to this matter.
