Proposed PPMS and Appeals Policy Changes
As part of The Landings Association’s continued improvement process, the Appeals Committee Chair reviewed the Association’s governing documents along with the Appeals Committee Policies and Procedures and noticed a few areas with inconsistencies.
Following are the areas of inconsistency:
- TLA’s Covenants state notifications to owners are mailed, postage prepaid, to the last known address of the person who appears as a member or owner of record. The Bylaws give the Board discretion to use other delivery means, including personal delivery, The Landings Journal, electronic mail, facsimile, or a secure website. The PPMS, however, specify the second and third notifications be sent by Certified Mail.
- TLA’s Covenants specify a time limit of 10 days for an owner to submit a written request for a hearing. However, the PPMS document specifies14 calendar days.
- TLA’s PPMS document states Appeals Committee decisions will be finalized within three days of the hearing of the appeal, and a written decision will be sent promptly to the property owner via first class mail. However, TLA’s Covenant’s and the Appeals Committee Policies and Procedures specify 10 days.
TLA’s legal counsel provided his opinion addressing each area, and the Governance Committee, as well as the Board of Directors, also weighed in on these issues, and the following changes have been adopted to ensure consistency with our documents and procedures.
- Second and third notices will continue to be sent by Certified Mail. Additionally, staff may send such notices via standard First-Class Mail or hand delivery. Under Section 11.2 of the Covenants, such notices shall be deemed to have been properly given when mailed, postage prepaid, to the last known address of the person who appears as the member or owner on the records of the Association at the time of mailing.
- The PPMS document was updated to reflect 10 days from the date of notice for an owner to discuss and submit a reasonable correction plan, correct the violation(s), or file an appeal to contest the violation(s).
- The PPMS document was updated to reflect 10 days for the Appeals Committee’s decision to be finalized and promptly sent to the property owner.