Guide to Responding to a Compliance Concern
Your Role in Maintaining Compliance
When notified of a potential covenant violation by either a neighbor or The Board, your responsibility is to assess the issue promptly and take steps toward a resolution—even if you don’t fully agree with the complaint. Begin by reviewing the specific covenant cited, examining your property, and consulting with a professional if needed (e.g., arborist, contractor, surveyor). Promptly addressing the issue—through trimming, adjusting structures, or proposing a plan—demonstrates your willingness to be part of the solution and can help de-escalate tensions or prevent a formal hearing. A cooperative posture goes a long way in ensuring a favorable and efficient outcome.
Formal Compliance Response Process
If a neighbor (the “Initiator”) has submitted a compliance concern regarding your property (you are the “Subject”), here is what to expect.
1. Notification
You will receive written notice from the Board outlining the nature of the concern (either via email from compliance@innisarden.org or paper if no email is on file). This will include:
- The specific covenant alleged to be in violation.
- Supporting documentation and correspondence submitted by your neighbor.
2. Site Visit
Depending on the outcome of the initial discussion, The Board will request to schedule a brief site visit (typically 15–30 minutes) to assess the property. During the visit:
- Board members may walk the property, ask clarifying questions, and take photographs.
- You are encouraged to be present and to share relevant context or history.
Once this Subject Site Visit is complete, the Board will leave and schedule a follow-up internal executive session to discussion the site visit.
3. Review and Hearing
During the follow-up deliberation, the Board will review all information provided by both parties. If further action is warranted:
- A formal compliance hearing will be scheduled at least 21 days after notice has been given for the need of a Compliance Hearing.
- You will have an opportunity to respond to the claim, submit supporting documents, and present your perspective during the hearing.
During the Compliance Hearing, a quorum of Board members will be present. The Board will listen to the Initiator, followed by the Subject, as well as other residents. Lastly, the Board will deliberate on any new or additional information presented at the Compliance Hearing and vote on the matter, determining if a property is in or out of compliance.
4. Decision and Next Steps
After the hearing, the Board will issue a written decision. If your property is determined to be out of compliance:
- A timeline for remediation will be provided.
- The decision will include a description of the non-compliant issue that must be addressed. The Board is not responsible for providing guidance resolving the issue, neither temporarily or permanently (e.g., replacing problematic vegetation with compliant alternatives).
- Fines will begin to accrue at $100/day starting from the date the property was found to be out of compliance.
If you disagree with the decision, you may pursue an appeal through the Board or seek independent legal counsel.
City of Shoreline Coordination
The City of Shoreline may also be involved in the resolution process, particularly in cases involving:
- Tree removal or topping
- Critical slopes and erosion control
- Stormwater drainage or runoff
City regulations can significantly affect the scope and timing of remediation. Subjects are required to pursue approval from the City in good faith where applicable. Additionally, per Innis Arden By-Laws, all correspondence with the City of Shoreline related to compliance matters must first be submitted to the Board for approval prior to engagement.
Failure to follow this protocol—including bypassing the Board or delaying necessary communication with the City—may result in enforcement penalties of $100 per day until compliance is met. Cooperative communication with both the Board and the City is essential to achieve a timely resolution and may support consideration for the forgiveness of some or all accrued fines.
Tips for Positive Outcomes
- Communicate early and respectfully. Direct, neighborly conversation can often resolve concerns without formal escalation. Responding with openness and transparency helps build trust and avoid misunderstandings.
- Pursue good-faith remediation of the compliance matter. When notified of a potential covenant violation, take prompt and sincere steps to evaluate and address the concern. Review the relevant covenant, assess your property conditions, and consider professional input if needed. Even if you believe the concern may be overstated, proposing a reasonable path forward demonstrates accountability and a willingness to resolve the issue cooperatively.
- Consider long-term solutions. For vegetation-related concerns, topping may provide temporary relief, but consider replacing problematic trees or plants with species that naturally remain within covenant limits. This can prevent future issues and reduce maintenance burdens.
- Document your actions. Keep a record of your communications, contractor quotes, work performed, and any agreements with your neighbor or the Board. This ensures clarity throughout the process and protects all parties.
- Work constructively with outside entities. In some cases, compliance may involve additional regulations from the City of Shoreline—particularly regarding tree removal, slope stability, or stormwater runoff. Coordinating with city officials as needed shows thoroughness and good intent.
Notes
- All proceedings aim to be fair, evidence-based, and non-adversarial.
- Costs associated with remediation do not exempt properties from compliance.
- Your cooperation contributes to a stronger, more harmonious Innis Arden community.
We appreciate your commitment to maintaining the shared standards and values of our neighborhood.