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LynnM3 (Alabama)
Posts: 6
Posted:
Our HOA has recently become involved in sending email messages to all property owners to update them of the dealings, negotiations and statements (directly quoted from emails sent to board members) made in trying to resolve an issue of window tinting.

The homeowner replaced windows which were tinted upon the home's acquisition, and had a similar tint applied to the replacements. Because of changes in product offerings, the original product was not available. When placed side by side, one product is barely distinguishable from the other, but on the windows, the new tint is a bit darker. This may be due to fading, as the window faces due west in a southern climate. The homeowner did not get permission for the replacement, as the C&R only require that a change be approved, not a replacement. There is a covenant that says," No window tint.", but also one that says that "No substantial changes can be made to the exterior of the home."

The homeowner feels that they are right, and the HOA has an attorney telling them that they are. For nearly a year the HOA board has persecuted this homeowner, who suffers from leukemia and other health issues. She has refused fees or late fees, as the board also wants her to take down the film. The fines and fees now total well over $1,700.

Recently, homeowners got together to write letters to the board, saying to remove fines, and basically leave the homeowner alone. The board members resigned, sending nasty letters citing the homeowner directly to everyone in the development. In the meantime,t the homeowner is trying to re-finance their home to meet compliance with new lending requirements. Although the C&R specifically state that all HOA liens are to be subordinated to a primary mortgage, the HOA has refused to sign a subordination agreement required to close, nor will they lift the lien.

A new board was formed, and they met with the homeowner, asking her to pay the legal fees of the board, $700.00 +/- and they would remove the fine. Ironically, the meeting took place in a house directly across the street from the one in violation, and had tinted windows. The homeowner, who was ill, was told that everyone in the neighborhood hated her, and that paying would help to heal everyone. She finally consented to a 'donation' of $500.00 to the HOA, but asked for an accounting of the legal fees, and to consult her legal counsel. None was provided.

The homeowner followed up with emails, stating the very specific conditions under which a donation could be made. The HOA then sent her an agreement to sign that met none of the conditions she had established. The homeowner sent the board an email saying that she could not participate in any way in the solution, and would not welcome any communication other than a subordination or satisfaction.

The board sent out emails that included part of this poor woman's communication which appeared to be intended to incite rather than to educate the members. The woman is seeking advice from an attorney, and another property owner mentioned in the emails is as well.

What kind of liability are the property owners facing as a result of this mess. It certainly isn't pretty.
SureshD
Posts: 268
Posted:
Ash the HOAs attorney.
SureshD
Posts: 268
Posted:
Correction: ASK the HOAs attorney.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:

The homeowner replaced windows which were tinted upon the home's acquisition, and had a similar tint applied to the replacements. Because of changes in product offerings, the original product was not available. When placed side by side, one product is barely distinguishable from the other, but on the windows, the new tint is a bit darker. This may be due to fading, as the window faces due west in a southern climate. The homeowner did not get permission for the replacement, as the C&R only require that a change be approved, not a replacement. There is a covenant that says," No window tint.", but also one that says that "No substantial changes can be made to the exterior of the home."


Check your documents and the state statutes ... In Colorado if these tinted windows had been allowed for one year, and no action had been taken, then they would be allowed going forward per CCIOA.

Here is the link for Alabama Statutes: http://alisondb.legislature.state.al.us/acas/ACASLogin.asp

Also, you need to check for items that fall under "energy efficient". In CO we have new laws regarding solar panels. It could be that tinted windows might be allowed under this definition for your state.

Quote:

The board sent out emails that included part of this poor woman's communication which appeared to be intended to incite rather than to educate the members. The woman is seeking advice from an attorney, and another property owner mentioned in the emails is as well.


This is not good ... the board has a responsibility regarding certain matters and confidential information. They should not send out private conversations concerning money any member may or may not owe to the general membership. First of all it is unethical and violates duty, and second it might turn out that she does not owe any fines or fees. If that turns out to be true then the board ends up looking very stupid.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Weel, this has turned out to be a real pi$$ing contest, hasn't it.

Encourage your board to DROP the entire thing and go back and clarify the documents. Apparently your members are confused about what a "tint" is.

Crazy . . .
LynnM3 (Alabama)
Posts: 6
Posted:
Thanks all. Your comments are encouraging. I have asked the HOA attorney, who states that he works under the direction of the board, and cannot release information to individual property owners due to a fiduciary relationship.

I feel like the property owner is going to head to court, as the board sees only their side of the issue. In fact, there is a movement afoot by former board members to write anew covenant that specifically targets this home owner again. She has a large antique stained glass window that hangs inside a window that faces the street. While the C&R prohibits 'tint' it doesn't address window coverings or what can be seen from the street at all. That is highly likely to change soon as the board does a great job of soliciting and gathering proxies to get their way.

Now the question is: Will the lady have to remove something that has been in place for many years due to a new rule? I have only been in the neighborhood for a short time, but it seems to me that board has chosen their target, and can't get over themselves to serve appropriately.

I think the poor woman needs to contact the ACLU or someone similar to get some serious muscle behind her.
LynnM3 (Alabama)
Posts: 6
Posted:
Thanks all. Your comments are encouraging. I have asked the HOA attorney, who states that he works under the direction of the board, and cannot release information to individual property owners due to a fiduciary relationship.

I feel like the property owner is going to head to court, as the board sees only their side of the issue. In fact, there is a movement afoot by former board members to write anew covenant that specifically targets this home owner again. She has a large antique stained glass window that hangs inside a window that faces the street. While the C&R prohibits 'tint' it doesn't address window coverings or what can be seen from the street at all. That is highly likely to change soon as the board does a great job of soliciting and gathering proxies to get their way.

Now the question is: Will the lady have to remove something that has been in place for many years due to a new rule? I have only been in the neighborhood for a short time, but it seems to me that board has chosen their target, and can't get over themselves to serve appropriately.

I think the poor woman needs to contact the ACLU or someone similar to get some serious muscle behind her.
LynnM3 (Alabama)
Posts: 6
Posted:
Susan, Thanks for the comment- what do you mean by "what a 'tint' is?"

By the way, read today's new twist-you will be in awe of how the contest is going now.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Tints have different "strengths".

In Michigan, auto window tinting can't exceed 35%.

Your documents should state the numercial grade (tint level)for all tinted windows.
DanielH1 (California)
Posts: 482
Posted:
I mostly side with the (former) Board on this one.

The Homeowner could have submitted an Architectural Change Application to her HOA, even if she didn't think that it should be required. If she had done that, this whole mess could have been avoided. But, she didn't and decided that she'd just do the work either because she didn't care or didn't know about her responsibilities to the HOA.

Later, when fined, she seemingly decides to ignore the issue and ignore the fines and liens.

The Homeowner made those 2 serious mistakes.

Sending out e-mails to all property owners with the dealings, negotiations and statements isn't illegal or unethical as near as I can tell. I'll agree that maybe it isn't a good idea but architectural changes aren't generally confidential. If the e-mails included confidential financial or payment information, that might be grounds for the Homeowner to bring a lawsuit but, unless otherwise stated or agreed, a lot of the architectural info isn't confidential.

The involvement of the other homeowners is irrelevant. They aren't qualified to judge because they aren't impartial, haven't received an objective presentation of the facts, maybe don't know the relevant laws or Bylaws. Other units being out of compliance with the architectural guidelines is completely irrelevant.

The "$500 agreement" wasn't signed so it's just a piece of paper, not an agreement. So, there was no settlement; there were just negotiations which broke down. So, the whole thing reverts to being an unsettled matter, as if negotiations had never taken place. It doesn't matter whose fault it is or who did what or who is being unreasonable or not. No signatures = no agreement.

At this point, it makes sense for the HOA to continue the fines and liens. If the Homeowner wants to pursue some civil lawsuit, she could try to do that.

The Homeowner, either through ignorance or intention, caused this mess. Too bad that the rest of the HOA acts on their emotions and supports her unreasonably.

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