A Message from PHHOA Board regarding the ACC Complaint Process

Recently comments & questions have come up concerning the time frame associated with processing a Deed Restriction violation through the ACC. Below is information concerning the ACC complaint and ACC review procedures that I summarized. It's somewhat lengthy and dry reading but worthwhile nevertheless.

ACC Complaint Process Background

Typically, the ACC processed a written complaint upon receipt so that there was an immediate awareness by the offending property owner. There was no requirement to apply an "up to 45-day" period prior to the ACC acting on a violation. The offending homeowner was provided what was called a friendly & informal letter and permitted seven days notice to correct the problem or condition. If left uncorrected, subsequent and more formal steps were then taken by the ACC and ultimately the Board of Directors to ensure compliance. The Board and the ACC adopted the informal & friendly letter approach with the seven day time frame in the fall of 2007 based upon discussions with our HOA attorney, Nina Vaznelis. At the January, 2011 Board meeting, the Board considered a proposal that would somewhat modify this process. Briefly, the homeowner involved would reimburse the Association sooner rather than later for the administrative costs involved with processing a deed restriction violation. However, after discussion, the proposal was not supported.


With the recent staff changes and members assuming new leadership positions with the Association and for review purposes, below is an outline used by the ACC for a complaint. These steps follow the recommended ones used by United Communities of Hernando County (UCHC) of which the Preston Hollow Homeowners Association is a member along with guidance from the association attorney, the Board of Directors holding office during that time period and the ACC. Bob Cooper, a former ACC chairperson provided the outline detail as follows:

ACC Complaint Procedure Detail

·All allegations of Deed Restrictions violations shall be submitted to the ACC in writing.
·No less than 2 ACC members will verify violations.
·Violations should be documented, including section and page, letter and number of Deed Restriction violated.
·Report will be signed by 2 ACC members.
·When a violation is first inspected, a date stamped photo will be taken with a member in the photo whenever possible.
·An informal letter will be sent (both regular & registered mail) asking the homeowner to please correct the violation within 7 days.
·After the 7 days if not corrected a formal letter ( both registered and regular mail ) will be sent and advised of compliance time, 15 days.
·Upon expiration of compliance time, the violation will be reinspected.
·If violation still exists, take another photo.
·Refer matter to the Board of Directors
·Board of Directors verify the violation and sends a certified letter to property owner giving 30 days to comply.
·At the conclusion of the 30 day compliance period, the ACC will reinspect.
·If violation still exists, another photo will be taken.
·The Board is advised and refers the matter to the association Attorney.
·Attorney sends a letter to the violator giving another 30 days for compliance.
·At the conclusion of the compliance time the ACC will reinspect.
·If violation still exists a photo will be taken.
·The Board will be notified, who then requests the attorney to request a court date.

ACC Standards and Procedures for Review-Article V

The "within 45 days" standard is a separate ACC process called Standards and Procedures for Review contained Article V, Section 3 of our Deed Restrictions. This particular process applies to property owners who submit external changes/improvements, house plans, landscape plans, tree trimming, painting, dog fences/runs and so forth to the ACC . The "within 45 days" period is the time frame that the ACC has to review and respond to the property owner's request. This process should not be confused with the complaint procedure discussed above.