If a violation occurs, a Notice of Violation (NOV) is sent requesting compliance. If a NOV (non-compliance) is not cured within a certain time frame, then the unit will be either listed for sale (in the case of employee-owned units) or require eviction (in the case of rental units).
- The violation must be cured (i.e. resolved) within 15 days of the NOV.
- The person charged with the violation may request in writing a hearing before the APCHA Board to dispute any charge contained in a NOV within the 15 days.
- Failure to cure any violation may result in one of the following:
- The sale of a deed restricted ownership unit; or
- The termination of a lease and possible eviction.
Loss of Appreciation (Ownership Units)
In the case of ownership units, a Notice of Violation immediately stops the appreciation on the deed restricted value of a unit until compliance.
15-Day "Cure" Period
If the alleged violator does not cure a violation or request a hearing before the APCHA Board within the 15-day "cure" period, the violation shall be deemed final.
In the event of litigation, the failure to request a hearing shall be deemed to constitute a failure to exhaust administrative remedies for the purpose of judicial review.
APCHA may pursue all remedies as provided by law or in equity, including, where applicable, a requirement that the subject property be sold or vacated in accordance with the deed restriction.