A neighborhood association in Destrehan,
Louisiana
Covenants
The Restrictive Covenants and Ordinances Committee is chaired by
John Hartline.
Message from the Chairman-
OCA
Restrictive Covenants Policy & Procedure
Part I – The Policy
Purpose of this policy
This policy has been
written to identify the values and criteria for the subsequent procedure, which
details how different violations will be identified, investigated and processed.
To reflect the uniqueness of the OCA, the policy and procedures are based on
commitments to:
Resolve complaints/violations through voluntary compliance
wherever possible, without proceeding to a subsequent step.
Offer an opportunity for a member to question a notice of
violation informally or formally.
Adhere to fair and impartial investigation of the alleged
violation.
Resolve issues in a timely manner.
Part II – The Procedure
This procedure defines how
compliance with the Covenants will be achieved for the benefit of all property
owners:
Directions to The OCA Board of Directors
for investigating and obtaining compliance.
Assurance to property owners that there is a defined set of steps
to be followed in achieving compliance.
Emphasis on resolving complaints/violations through voluntary
compliance.
Step A. Initial
Report of Violations The OCA will
act on their personal observations and reports from owners or other persons of
alleged violations of the Restrictive Covenants (referred to in this procedure
as "complainant"). The complainant will be required to fill out a complaint
information form and sign it.
Step B. Initial OCA Action on Reported or Observed Violations When
responding to reported alleged violations of the Restrictive Covenants, the OCA
shall first request by letter or phone call to the responsible owner to comply
voluntarily. It shall be the OCA’s primary objective to seek voluntary
compliance in all cases. If voluntary compliance can be obtained by the staff,
the violation shall be deemed cured and no further action taken. The result will
be noted in the Covenant Complaint file kept by the Covenant Committee
Chairperson.
If voluntary compliance
cannot be obtained at the first contact with the responsible owner or if there
is a repeat of the violation, then the OCA will proceed to Step C.
Step C. Notice of
Noncompliance If the OCA
finds that there is a violation, and is unable to obtain voluntary compliance,
the OCA will send by certified mail, with return receipt requested a notice of
noncompliance for the violation to the responsible owner.
This notice will include a
description of the violation, including the location and date it was reported.
The notice will also request a response from the responsible owner indicating
timing for which the violation will be corrected.
Step D. Response to
Notice of Noncompliance The
responsible owner will have thirty (30) days from the date of the notice to
respond to the OCA in writing to the notice of noncompliance. If a response is
not received or if the violation is not corrected in the timing indicated by the
responsible owner, the Covenant Committee Chairperson will discuss Final
Resolution with the OCA Board as described in Step E.
Step E. Final
Resolution
The OCA Board will
determine an appropriate final resolution to the violation up to and including
legal action. A final notice will be sent by certified mail, with return receipt
requested to the responsible owner to inform them of the final resolution.
Other Rights and
Remedies Nothing in this
procedure shall be deemed to limit any other rights and remedies that the Board
of Directors or a member of the OCA may have under the Bylaws of the Association or under
law in seeking to enforce the Restrictive Covenants.
Record of Reported
Violations The OCA will keep
a file of all reported violations of the Restrictive Covenants and other matters
requiring action or response. The file will include: 1) the initial report of
the violation, 2) all other reports, investigations and notices relating to the
violation prepared or received by the OCA, 3) all correspondence with the responsible owner and other
parties relating to the violation, and 4) any other information relating to the
violation in the possession of the Association. The responsible owner will have
the right to review the investigation record.
The Covenant Committee
Chairperson will keep the Board of Directors informed about any significant
incidents. The OCA will also take a proactive role to keep complainants informed
of the outcome of the investigation of the alleged violations that they
reported.
For
architectural approval of changes to an existing home or property, please
contact:
Dorvin Development @
Derbes Managements, Inc.
Contact - Howie Raymond
2223 West Esplanade Ave.
Kenner, LA 70065
Phone (504) 443-6131
Fax (504) 443-6137
ELECTRONIC COVENANTS COMPLIANCE REQUEST FORM-
Please fill out the form below and submit this
information to the OCA for processing. This information will remain
confidential. Our Covenants and Ordinances Chairman,
John Hartline, will
contact you.
Thank you for supporting the OCA. If you wish to submit this form by
filling out a paper version, please go to
the printable version of the OCA Restrictive Covenants Compliance Request Form.