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.