⛔️ Violation & Notification Process

Violation & Notification Process
(Fine and Enforcement)
 
The Association is empowered to enforce any violations of the covenants, conditions, and restrictions set forth in our Governing Documents. In the enforcement of violations, the Association follows all federal and state laws, our Governing Documents, and our Fine and Enforcement Policy (Attachment 7 of the Turtle Creek Village PUD Community Manual).
 
Member Reporting
 
Drive-Through Inspections
 
To monitor for violations, the management company performs drive-through inspections twice per month.
 
‼️ The inspector does not exit their vehicle during inspections. “Snoopy people,” not in a vehicle, are not the inspector. Let the owner know or, if you think it necessary, report it to the non-emergency police.


Start the Violation & Notification Process
 
The Violation & Notification Process does not begin until the suspected violation is reported, and the management company confirms the suspected violation as a valid violation (Step 1). Once confirmed, the Courtesy Letter, first notification, is emailed and mailed to the addresses on file for the owner (Step 2). 
 
Violation & Notification Process
  • Step 1: (Day 0): Management company confirms the violation to be valid. 
  • Step 2: (Day 0-5): Courtesy Reminder letter is emailed and mailed to the addresses on file for the owner, and includes a deadline for correction.
⬇️ For Step 3 and beyond, see the Violation & Notification Process drop-down section below.
 

✅ Reporting: Best Practice
 
When reporting a suspected violation, it is best practice to:  
 

Report a Suspected Violation

There are 3 methods for reporting a suspected violation. 
 
1️⃣  Electronically Online - ✅ Best Practice
Suspected violations can be reported online using the Violation Concern Form and should include confirming information.
 
2️⃣  Electronically by Email
Suspected violations can be reported by (email) at admin@ascensionpm.com and should include confirming information.
 
3️⃣  Telephone
Suspected violations can be reported by ☎️ (telephone) at 512-255-1671
 

Confirming Information

Confirm the violation is Step 1 of the Violation & Notification Process. A violation can be confirmed either:
  1. Visually, by the inspector during a regularly scheduled drive-through inspection.
  2. Digitally, using confirming information included with an electronic (online or by email) report.
When reporting a suspected violation electronically (online or by email), confirming information consists of:
  • A complete and detailed description of the suspected violation, including dates and times, if relevant.
  • Photos of the suspected violation.
  • Address or location information of the suspected violation.
  • Any other information you think helpful.
✅ When included with an electronic (online or by email) report, the suspected violation will:
  • Be confirmed as invalid and dismissed, OR
  • Be confirmed to be a valid violation upon receipt, AND
  • If valid, dispatch the Courtesy Reminder, first notification, letter by email and by mail to the addresses on file for the owner.
⚠️ When not included with an electronic report, the suspected violation will:
  • Wait to be confirmed to be valid or invalid during the next scheduled drive-through inspection, AND
  • Delay, up to two weeks, the dispatch of the Courtesy Reminder, first notification, letter to the addresses on file for the owner.
 

Violation & Notification Process

Updated May 2024. Subject to updates, as needed.

The following step-by-step process describes our Violation & Notification Process, including the notifications that are sent at each step.
 
 
Step 1: (Day 0)
Confirm that the suspected violation is a valid or invalid violation.
Confirming Information ⬆️.
 
Step 2: (Day 0-5, email and letter)
If valid, kickoff the Courtesy Reminder, first notification, letter by email and mail to the addresses on file for the owner, specifying a deadline for correction. 
  • If reported electronically (online or email) with confirming information, the violation is confirmed immediately via the provided information, and the Courtesy Reminder letter is emailed and mailed to the addresses on file for the owner.
  • If reported electronically without confirming information or by telephone, the violation is confirmed on the next scheduled drive-through inspection. If confirmed to be valid during the inspection, the Courtesy Reminder letter is emailed and mailed to the addresses on file for the owner.
  • If recorded during the drive-through inspection, the violation is confirmed immediately by the inspector, and the Courtesy Reminder letter is emailed and mailed to the addresses on file for the owner. 
Step 3: (Day 5-20, email, First Class letter)
Violation is reviewed at the next scheduled drive-through inspection.
  • If corrected, the violation is marked as Fixed on the owner’s account, but remains active until there are 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period continue to the next step of the process).
  • If not corrected, the violation is marked as Not Fixed on the owner’s account and continues to the next step of the process.
Step 4: (Day 20-50, email, First Class letter, 30 day 209 Certified letter)
A Pre-Fine letter is both emailed and mailed (Certified) to the addresses on file for the owner, specifying a deadline for correction and the amount of the fine at the next step.
 
Violation is reviewed at the next drive-through inspection.
  • If corrected, the violation is marked as Fixed on the owner’s account, but remains active until there is 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period continue to the next step of the process).
  • If not corrected, the violation is marked as Not Fixed on the owner’s account and continues to the next step of the process.
Step 5: (Day 50-60, Email, First Class letter, Certified letter)
A Fine letter is both emailed and mailed (Certified) to the addresses on file for the owner, specifying a deadline for correction, the amount of the fine, and the amount of the additional fine at the next step (fine amounts are added to the owner’s account and can be viewed in the owner’s account on the Smartwebs Resident Portal).
 
Violation is reviewed at the next drive-through inspection.
  • If corrected, the violation is marked as Fixed on the owner’s account, but remains active until there are 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period continue to the next step of the process).
  • If not corrected, the violation marked as Not Fixed on the owner’s account and continues to the next step of the process.
Step 6: (Day 60-70, email, First Class letter, Certified letter)
Violation continues to be reviewed at following drive-through inspections. Fine letters continue to be emailed and mailed (Certified) to the addresses on file for the owner, at each inspection in which the violation is not corrected (with progressive fine amounts at each review).
 
Step 7: (Legal, Email, First Class letter, Certified letter)
A Final Notice letter is emailed and mailed (Certified) to the addresses on file for the owner, specifying a deadline for correction, the amount of the fine, and that the next step is Board review and possible referral to collections with a final fine, as determined by by the Board.
 
Violation is reviewed at following drive-through inspections.
  • If corrected before or with the Final Notice letter, the violation is marked as Fixed on the owner’s account, but remains active until there are 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period continue to the Board for review and possible referral to collections).
  • If not corrected, the violation is marked as Not Fixed on the owner’s account and continues to the Board for review and possible referral to collections, with a fine amount determined by the Board.
Step 8:   
Referral by the Board to the attorney for collection. All attorney and collection fees, including Certified mail fees, are added to the owner’s account, along with the total fine amount, and must be collected before the violation can be closed. Attorney and collection fees incurred, owed, and paid by the Association cannot be waived
 

‼️ At any time in this process, the owner has the right to request a Hearing with the Board to question or protest the violation. Non-response to communications (Certified letters and email) results in the violation continuing through the process, while accumulating collection and attorney fees. 

 

🚨 Important Process Notes


🚨 Violation letters (after the first Courtesy Reminder) are sent by email and by Certified mail (as required by Texas Property Code) to the addresses on file for the owner. When the Post Office puts the notice on a door or in a mailbox, Texas Property Code considers the owner notified. If a Member ignores the letter or Post Office notice, it does not prevent the violation from continuing through the process.. 

🚨 When a Member receives a violation notice, it is the Member's right to question or protest the violation by requesting a hearing with the Board. Instructions for the process are included in the violation notice. 

🚨 For those who report suspected violations, the violation process is not fast, with drive-through inspections only twice per month. We encourage Members to report applicable issues to Code Enforcement, Animal Control, RRPD, etc, as those agencies can act quicker and with more authority than the Association.

🚨 Yes, if you report a suspected violation once and continue to see it, you should, after 2 weeks, report it again. If reporting the same or similar issue again, wait 2 weeks to give the letter time to be delivered and for the owner to correct the issue. By vague Texas Property Code, we are required to allow a "reasonable time for correction."

🚨 It is not until the third letter/offense, with 2-week intervals, that the Association can impose a fine. The process can also be delayed by the owner by ignoring our notification/fine letters. Owners also have the right to request a hearing with the Board, which usually delays until the next scheduled Meeting of the Board of Directors.