LynnM3 (Alabama)
Posts: 6
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.
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.