ACC committee threatens another

Fran,

To answer your question, the committee could have done many things:

ignore the issue
inform the owner but not require repair
send a letter but then never followup on the issue
Strictly comply with the enforcement procedures in your Governing documents
Kick the issue up the chain to the Board
Comply with the law of proper notice to enter the property to fix the problem
Ignore the law and just enter the property without permission to fix the problem
Be a neighbor and offer to fix the problem for the cost of materials
Be a neighbor and offer to fix the problem for free
Knock on the door and see if there are other issues preventing this from being fixed
Contact animal control to see if the nesting birds are on the endangered species list
Request the Board calls a special meeting for a membership vote on the issue
Members could resign from the committee over the issue
etc., etc.

How drastic it is depends on the perception of the individual viewing the issue and what knowledge they have concerning it.

The way it was handled appears to be the way that committee chose to handle it. If other people were on the committee, they might have handled it differently.

As an FYI, concerning entering property to fix an issue that is not a safety concern, our attorney has advised us against it due to trespassing laws. They also advised that if the Association does desire to enter a property to address a safety issue that there are legal steps that must be properly followed first.

Tim

What authority does a Georgia HOA, ACC, Comm. have over Rule(s) enforcement?

In Fla., such a committee has no aurhority to enforce aesthetic or 'appearance' type violations unless it is the result of a modification of some sort (as opposed to [poorly] attempted repair(s)).

It is a reactive committee, awaiting requests for lot modifications only to determine if they are within community standards.

Peter,

It will vary from State to State and even Association to Association. For us, a the authority of the Architectural committee to enforce comes from our CC&Rs. Additionally, a previous Board gave the committee the authority to interpret the guidelines the Board adopts.

Tim

I am trying to learn as we go so can you explain because I thought the lien was drastic but guess I am not up to date on liens...

Fran,

Many Association members believe that Architectural guidelines and rules are the same thing. This perception is usually strengthened by people using them incorrectly. You may have heard people say that you are in violation of the guidelines. In reality you are probably in violation of the CC&Rs.

Rules are adopted to try and establish limits on behavior or activities, usually within the common area. Thinks like pets must be on a leash or no repairing of automobiles are rules.

Typically most Associations require that exterior changes to a property must be approved prior to making the change. This is where guidelines come into play. Guidelines are adopted to establish a standard on what will or will not be approved. Yes, this sounds similar to rules but they really are not. Guidelines establish the parameters for the approving authority to use when deciding to approve or disapprove the exterior changes. Things like the size of your fence or the color of your house are guidelines.

The more detailed the guideline the less opportunity is available for the approving authority to use their personal tastes and opinions as the basis for approval or disapproval.

As an example: If there was a guideline that said all houses are to be painted white and you painted yours blue. You would not be in violation of the guidelines. You would actually be in violation of the CC&Rs for failing to get approval prior to painting your house blue. Had you submitted for the approval, the approving authority (the ACC/ARB typically) would not approve that color because the Board had adopted the guideline saying houses must be painted white.

Depending on the Association, guidelines might be adopted by the Board, the membership or the committee. Typically, the process that I have seen most would be that the committee proposes, the membership provides feedback and the Board adopts.

Hope this helps.

Tim

PS Thanks for understanding the frustration level.

The typical definition of A lien is a legal claim against the property of another as security for the payment of debt. However, according to 'LECTRIC LAW LIBRARY' a lien is defined as: "The right to retain the lawful possession of the property of another until the owner fulfills a legal duty to the person holding the property". This may be the lien definition the ACC is relying on seeing the legal duty as the agreement to keep the property in good order and repair.

Fortunately, the rules for liens are controlled by the State. Rules vary from State to State.

An internet search identified that the Code of Georgia Title 44, Chapter 14, Article 8 deals with liens.

Tim

This would depend on your governing documents. Look in sections where it talks about the Architectural committee. IMO this language is in our CC&Rs.

From what I have seen, typically the Board appoints the committee members. If the Board appoints then the members serve at the pleasure of the Board and can therefore also be removed from the committee by the Board.