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WilbertN (Georgia)
Posts: 1
Posted:
What can or should be done if Directors violate the covenants. Our Sec and VP both consistantly violate the By Laws and Covenants. For example, they explained to all homeowners that a form must be submitted prior to any alterations to the exterior of properties. However the VP did a full enclosure and had not made a request. When other tennants did the same enclosure they were sent both warnings and fines. Also this VP put up no soliciting signs in the community and then told local businesses they could no longer put flyers in our area. However he then advised these same businesses that if they paid him personally $25 each time they needed them distributed he would because he had the ability to do so.

Also there is a different Board Member who sent out letters to members explaining that garage doors must be closed at all times unless going in and out of them. She ensured that letters were sent to members with thier doors adjar. However several members have taken time stamped pictures, video of her leaving her garage door up for several hours. When they brought this up to the president he explained that she ownes a paint company and is probally load he truck during those times.

This same Board Member was seen and video taped taking bundles of pine straw set aside for the community at 10:00 PM. We pay 28,000 for pine straw to be placed once a year they unload the trucks in key areas to make distribution easier. This board member and her neighbor were taped removing several bundles taking them to the back of thier property around 10:00PM at night.

Also we had a issue with the parking, our builder sold us homes with the knowledge that we had common areas to park. Every few hundred feet in the community there are parking spaces with about 3 to 6 spaces. However due to a mistake with the surveying of the lad many homeowners found that that actually owners part of these parking spaces and were actually paying taxes on the land. They then decided not to allow public parking on these areas. Once it became private property does the HOA have any jurisdiction over this area?
BrianB (California)
Posts: 2,820
Posted:
you can hold a legal recall meeting, and vote the bad directors out. then, fine them for violations under the new board.

you can file criminal charges for theft of the pine straw, with the police, but i doubt it is worth it. you might be better off simply working to get them to repay the association the money owed.

RogerB (Colorado)
Posts: 5,067
Posted:
Wilbert, being an officer does not excude anyone from obeying the Declaration of CC&Rs. You need a new Covenant Cop! The Board members should never be allowed to independently enforce the Covenants. It is the responsibility of the Board to establish policies and procedures for enforcement and see that they are carried out. The President is failing to lead. Is there anyone on the Board who can do this job?

Next the VP needs to be asked to resign and repay any funds he collected.

The Board member stealing straw should be asked to resign and pay for the straw.

The Board's only jusisdiction with regards to the parking spaces is the same anyother private property. It is not public parking.
MaryB3 (Maryland)
Posts: 21
Posted:
Do you have proof that they take the money? If so, call the authorities then have a recall vote.

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