ACM News

How to Appeal a Violation

Posted on November 8, 2016

Part of our job as your management company is to enforce the Declarations, By-Laws, Rules and Regulations put in place by your Board of Directors. However, we understand you may not agree with the warning letter or fine violations you may receive but, as the homeowner you do have the right to appeal these violations.

In order to properly appeal a violation, that you don’t agree with, you must submit a formal appeal in writing. This must come from the legal owner of the property, or the authorized agent. If you do lease the property you may have your tenant write the appeal, but as legal owner you must send it to us stating you would like to appeal the violation based on the reasoning your tenant has provided. The Board will need to know why you feel you shouldn’t be fined for the violation. For example, you tried to resolve the violation but were unable to do so in the allotted time but you have resolved it now and are requesting the Board to consider waiving the fine.

You also have the right to request a hearing with the board if you’d like to discuss this with them directly. While a hearing is not required to appeal the violation it is an option you have. Hearings are usually done as an executive session before or after your associations regularly scheduled board meeting. If you do not want a hearing the Board will discuss and decide if they will accept or deny your appeal so it is discussed in private. In rare cases, some boards may make a decision outside of a Board meeting but typically a homeowner must wait for a decision to be ratified at a board meeting.

If a violation was sent in error, for example, it was sent to the wrong owner you may call in and explain this to a Customer Care representative. They can then follow-up with the Property Manager to verify that it was sent in error. However, if the Property Manager verifies it was not an error you may be asked to submit a formal appeal in writing to the Board.

If a formal appeal is requested, you may submit your side of the story in writing, by mail, fax, or email (information below). Please make sure to include as much information as possible. You will need to include your address, what the violation you are disputing is for, and any supporting information you have. Applicable picture proof is very helpful. Your appeal is then sent to the Property Manager to present to the Board for review. When you decide to appeal the violation it will be put on hold until a decision is made by the Board. For further information please refer to your associations Rules and Regulations which can be found by logging into your account on our website www.acmweb.com.

Mailing Address
Your Association
C/O ACM Community Management
3041 Woodcreek Drive, Suite 100
Downers Grove, IL 60515
You should never mail appeals or correspondence to the lockbox. Only assessment payments are processed there.

Fax: (630) 963-5189

Email: CustomerCare@acmweb.com

 

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