Too lenient an HOA

Where some communities have to endure extreme HOA Rules, we on the other hand, are experiencing a lack of enforced rules and covenants. For the past 9 years, every HOA member elected into office has failed this community by not applying our covenants. Every rule and covenant has been violated, from mail boxes, outside storage, junk cars, house colors, landscaping, A/C installed in windows, the destruction of over 600 trees and counting, dangerously damaged cracked sidewalks, commercial sign, commercial vehicles, etc. The list is endless. It's basically the same members year after year. Here's my concern: With property value hitting an all time low, my feeling is that an unattended community will become less desirable place to live. Therefore, who would want to buy a house here, unless they can get it for almost nothing. What action can I take against the HOA and Management company to obligate them to enforce our Rules & Covenants? I have sent them numerouse e-mail and picture. I've tried getting into the HOA but they have a grid lock. So, everything I have addressed has been with the help of Code Enforcement or City. Any suggestions?

Jose, as a former Realtor, former HOA president, and current Architectural Control chair in my community, I have to strongly disagree with Melissa on this. An HOA is a defined community, with defined values that each homeowner commits to uphold when he or she purchases a home within it. Whether or not you can specifically point to one problem and quantify its effect on property values, what you describe is much more serious than gym shorts hanging on a clothesline. The board members have a fiduciary responsibility to enforce the covenants, and you can hold them to it.

If the overall impression a potential buyer gets when visiting your community is one of neglect and poor maintenance, it will definitely affect the property values there. Worse, it attracts people who don't care about the appearance or condition, and the community gradually spirals down unless the trend is reversed.

What would I do in your situation? First, I would get on the board. I know you are convinced that there's no way to break into it, but you can campaign. Go door-to-door, talking to people about the irresponsibility and failure of the board to uphold their fiduciary responsibilities, and ask for their support. When you find enough people willing to serve with you, recall the entire board and start over.

If that didn't work, I would sue the association.

Good luck!

Rob

Jose:

Its called curb appeal. If you property is allowed to be out of control and a mess some buyers will never make it through your front door. Junk cars, garbage, laundry hanging out to dry, litter, cars parked on the front lawns, unkept homes it all serves to lower the value of your home and the livability of your property.

In many cases a buyer wishes to buy into a certain property because of their appearacne and reputation of the property. The proerty itself is LESS important.

You can have the best maintained property in the world in a crappy neighborhood and it will be worth nothing.

For some this concept is to difficult to grasp. Some Boards include members who can't appreciate the vlaue of order and appearance. Some people just can't be the grown-up in a world of children. And some folks like everyone to be happy and feel good.

One of the Board's roles is to maintain the appearance of the property and enforce agreed upon rules and regulations if not the property will suffer or attract those like minded folks who like to live in a slum.

You have three choices try to get on the Board to make changes. This might take time effrot and cuase pain and difficulty. Take legal action to force the Board to act. Costly. Or move.

I would suggest you determine whether any of your fellow property owners view this as a problem if not then IMO it is not worth the effrot to get them something they don't value. Unmaintained properties attract people who feel comfortable living like that. People who leave their property out of the front lawns sort of scare away people who work on the appearance of their property.

To suggest the failure to enforce rules regarding what can and should be done in a community does not and will not affect property values is proof you have no clue.

Your property does not stand alone for better or for worse it is part of a community. That can lift the vlaue or destroy the value.

Good luck.

We have had the same thing in my community for 10 years and the community looks like a slum. One property recently sold for only $7000 so it definitely has affected property values. Every time we get board members who try to enforce our rules they get intimidated to resign or recalled. We are awaiting the results of a recall now. Fiduciary duty is not understood or practiced.

Most members don't understand what it means to reside in a HOA so educating is definitely a key including educationg board members. Board members should be encouraged to attend local group HOA association meetings if they exist in your area.

We have also reached out to our local elected representative and do report violations to code enforcement.

On the plus side my taxes will only be about $200 this year, but I would rather pay higher taxes and have my property worth something again.

Jose.. Don't pay attention to Melissa. She's got a long history of posting such trivial responses to owners