Frequently Asked Questions
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Question: What are Covenants, Conditions & Restrictions?
A: The Covenants, Conditions & Restrictions (CC&Rs) are those rules which were adopted at the time the development was established in 1988. These rules were created with the purpose of protecting the value and desirability of the homes within the community. All properties within the Mill Creek Highlands Development are governed by these CC&Rs, and homeowners sign an agreement to this effect when they purchase a home.
Question: What are the Rules and Regulations of our homeowners’ association?
A: The Rules & Regulations (R&Rs) are adopted by the Board, and they may be modified by the Board. They are usually more specific than CC&Rs and must be consistent with applicable Federal and State Laws relating to homeowners associations. The association's Rules and Regulations are posted on our website under Rules & Regulations. These are also mailed to all current homeowners whenever a change is made.
Question: How does the Association enforce its rules?
A: The ACC and Board endeavor to gain compliance of CC&Rs and R&Rs as follows:
Education: We provide information and guidelines pertaining to property modification and maintenance with the hope that the homeowner understanding will foster compliance and prevent the need for enforcement.
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Homeowner Reports: Homeowners may fill out the Report a Violation online form detailing noncompliance problems of concern to our association manager.
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Inspections: Inspections of community properties are conducted to identify those properties not in compliance with the R&Rs and CC&Rs.
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Notices: Written notices are mailed to homeowners if there are noncompliance issues associated with their property that need correcting.
Question: How can homeowner “education” achieve compliance with HOA rules?
A: We strongly believe that homeowner education is the best method for gaining compliance of Rules & Regulations. Some homeowners are simply unaware that they are not in compliance until they receive a notice and a specific problem is brought to their attention. Most homeowners willingly meet the standards and expectations required by the rules.
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Question: What should I do if I think a neighbor is violating our rules?
A: Report the violation to the Association Manager by completing the Report a Violation online form. Anonymous complaints will not be investigated. Due to privacy and confidentiality laws, however, the personal information you provide on the form will be kept confidential by the board and management company except in rare cases where you may be asked for permission to share your identity with the noncompliant resident or homeowner if required for resolution of the noncompliance issue.
Question: What is a “Noncompliance Notice”?
A: After identification and documentation of a noncompliance issue, the Association Manager mails the homeowner a courtesy “Notice” that details one or more specific noncompliance issues. The homeowner is usually allowed 21 days (3 weeks) in which to correct the problem or may appeal it in writing within 5 days of receipt. The noncompliance notice will specify the description of the issue, the specific Rule or Regulation which is being enforced, and the length of time given to the homeowners for correction.
Question: I got a noncompliance notice relating to the condition of my property. What should I do?
A: Simply take care of the non-compliance issue within the specified number of days and no further action will be taken so long as the violation does not recur. You should be aware that a second inspection will be conducted at the end of 21 days to check for compliance, and at that time, photographs may be taken to document the condition of your property. Additionally, should the same violation surface anytime after the 21 day grace period, photographs are taken, and fines are charged to your account each and every month your property is out of compliance. For example, you have received a notice for unscreened trash cans. If after 21 days, your trash cans are improperly stored between trash pick-up allowances, you will be fined monthly for each and every month your trash cans are improperly stored.
Question: Can the homeowners association impose a fine against me for noncompliance to R&Rs and CC&Rs?
A: The Board has the authority to impose and collect fines per Revised Code of Washington, RCW 64.38.020. Further description of when fines are issued can be found in the HOA Rules and Regulations (R&R#1 and R&R#12). Before a fine is imposed, however, a homeowner will be notified that a fine of $100.00 per month will be levied against his HOA account for as long as the property is not in compliance.
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Question: When do fines have to be paid?
A: Fines are charged and invoiced monthly and are due 30 days after receipt of the monthly invoice. Unpaid fines are subject to the same monthly late fee charges as unpaid dues and special assessments.
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Question: May I appeal a fine or violation?
A: Yes, you may appeal the noncompliance issue and the fines. To do so, you must follow the instructions provided in the notice letter or fine. The appeal process begins when you send a written notification to the Association Manager clearly stating your circumstances and the reasons why you consider your property in compliance.
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Question: What happens if I don't pay a fine?
A: Fines continue to accrue until the appeals process is completed, and if you do not win your appeal, all fines must be paid. A monthly invoice is sent if fines are not paid within the specified period of time. If the homeowners continues to withhold payment, a lien may be placed upon the property. All costs associated with the collection efforts are assessed against the owner.
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Question: Renters are not taking care of the property, how does the Association handle that situation?
A: The homeowner is responsible for compliance. Therefore, correspondence and fines are directed to the owner because he/she is responsible for tenant compliance.
Please note that is it the responsibility of the homeowner to notify the Assocation, in writing, of an address change. Not receiving mail, certified or regular, does not constitute relief of responsibility or penalties.
Question: I reported a violation but nothing has changed. What is going on?
A: Remedies for noncompliance begin with homeowner notification and enforcement may take time. In most cases, homeowners are given 21 days to correct violations before a fine is issued to their account.
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Question: A noncompliance violation in our community has been going on and on, and I'm tired of it. Why can't the HOA just go in and fix the problem?
A: Under extreme situations, generally related to public health and safety, the HOA has the authority to do this but we are subject to additional laws regarding trespass and additional legal procedures. Because this remedy involves a substantial outlay of HOA funds for what is clearly the responsibility of the homeowner, the Board carefully considers its fiduciary duty to the entire membership before undertaking such action.