Selective Enforcement for too long, time to sue

Our Board continues to fail oenforce our CCR's and other documents. We now have trash cans left out all week, boats in carports, cars all over, rugs over balcony railings. You get the picture. It is being described as a ghetto and we live in Laguna Hills, CA, a very upscale town.

Short of moving, which I can't do in this market, is there any other avenue to get these things enforced.

I have 6 other residents ready to go to Small Claims or initiate a Class Action Lawsuit? Basis would be dimunution of property values.

help, thanks

Why don't you, and the 6 others run for the board?

We have a similar issue at our HOA. I just joined the board ~2 months ago and it seems like no fines have ever been levied on any violations. We do a monthly walk-through to note violations and the homeowners get letter stating that if they do not comply, they will be fined, but that never happens. So it seems like the homeowners don't really take the letters very seriously. In regards to cars all over, we have reported several cars for the 72-hour abandonment violation. We live in CA and you can just fill out the form online. In one instance, they were by the next day to mark the car.

Thomas, What did you end up doing? I agree, not adhering to the Bylaws/Declarations, Rules/Regs is truly decreasing the value of our properties values. Well, you can make the property manager accountable. In Washington State, they now have to be Real Estate licensed, and there are multiple companies that do not carry that license. I know WA state has a lot of laws that must be adhered to and the PM would be in violation if not doing so.

http://apps.leg.wa.gov/rcw/default.aspx?cite=64.34

We are in another transition period where we are going back to a Mgmt. Co. after having a successful recall to implement self-mangagement. It was a mild disaster and the idea fell out of favor with the BOD.

We also have just lost a lawsuit filed by a former vendor who installed garage doors.

The place is an administrative mess. However, covenants still need to be enforced.

I have been on Committees and worked closely with some Board members. I don't need to get on the Board. I just need the rules enforced. That is what I pay my $340/month for.

There always seems to be an excuse around here, "we don't have any $ because of the lawsuits, we are getting a new Mgmt.Co., we are not allowed to look in garages."

OUr fines are only $25, which can only be levied after 3 letters. The office does not track # of letters so the system is a joke and not taken seriously.

Bottom line is that the BOD is soft and needs a kick in the ass to get the rules enforced.

That is why I have brought up the idea of a Class Action Suit.

Yes Mary you are correct, however how many owners in reality have actually requested a copy of the management contract, financials or even a reserve study? (Owners have no idea on what/how they can even request these items) I have educated myself on condo management, what transpires, and ultimately it is the PM job to direct the board on these items, and utilize their expertise in these communities and give the board direction.

How many owners have read in the management contract fine print that if they are assessed, the PM get a certain percentage (typically 1 -2%) of this total dollar amount. My friends community was 43,000 directly to the PM, on a 4.3 million deferred maintenance assessment.

I have had the last four property managers removed from our community with all my financial, budget, invoice questions. I request the our financials every single month. You must review your aged receivables, that is a very important piece. These PM's want to sit back collect their 1500+ per month and the communities go down the toilet and surprise......we are going to have a assessment!!

You would be surprised on what I found in our financials, and all the questions that were presented to the board. It is a business and should be run that way. Out of 70 units in my community, I am the only one that has requested financials.

Well what has happened here in WA state is the PM's, write up their contracts so tight, eliminating themselves from all liabilities, and if there are problems down they road, they just leave the community and move onto the next, so they do not ruin their reputation. Anyone could be a property manager, now they have to be real estate licensed, that is huge for individuals now. Nice to see this new law July 2010.

Denise

Thomas,

That article only applies to imposing a fine. Look for an article that talks about the board's power to enforce the CCRs. It should be under an article entitled "enforcement".

Use of the word "shall" means it must be done; "may" means it can be done. By say "the board shall have the power" to impose fines means they definitely have that power although they may choose not to exercise it.

This is interesting, gets to my point about property values.

"The limitations, restrictions, conditions and covenants set forth in this Declration constitute a general scheme for (1) the manintenance, protection and enhancement of value of the Project and all Condominiums, and (2) the benefit of all Owners."

"Said limitations, restrictions, conditions and covenants are imposed on each Condominium for the benefit of every other Condominium and the present and future Owners thereof. Said limitations, restrictions, conditions and covenants are and shall be covenants running with the land"

I found the word MAY in this paragraph, also under Enforcement.

"The result of or condition caused by any violation of any of said limitations, restrictions, conditions and covenants, other than the payment of assessments, is and shall be a nuisance, and every remedy in law avaialable against public nuisance may be exercised by any enforcing person."

There is more wording in there but nothing specific as your's. I will ask about the wording in our CCR's and proceed from there. Thank you very much for the insight.

TC