Outside appearance; driveway

Started by TroyH • 14 replies • 1658 views

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TroyH (Texas)
Posts: 55

Posted:

Hello All,
Wanted to tap into ya'll's experience and viewpoints. What are your thoughts on a house were the resident leaves and old piece of plywood, oh,, about 4ftx4ft, sitting on the driveway, outside, in front of the garage door? It's used I'm sure to catch oil leaking from their vehicle. I personally think it's an eyesore and not asthetically condusive to the neighborhood....

Thanks...
Troy

SusanW1 (Michigan)
Posts: 5,202

Posted:

If it is laying flat, how is it that you can even see it/

TroyH (Texas)
Posts: 55

Posted:

Quote:

Posted By SusanW1 on 06/16/2011 6:42 AM
If it is laying flat, how is it that you can even see it/

???
It is in the driveway, outside.............. The driveways aren't flat, that slope up to the house from the street..........

DonnaS (Tennessee)
Posts: 5,671

Posted:

I agree with you Troy, that is does look ugly. An alternative would be a plastic drip pan but this is still ugly. Are the oil spots any prettier? Not that I can imagine so there is not a solution to the dripping oil other than fix the leak. Can the HOA mandate that? Most likely NOT! There are some things that we just have to turn a blind eye to and this may be one of them.

TroyH (Texas)
Posts: 55

Posted:

On a personal level being that I'm a resident, I would prefer they park in their garage... lol
But, I would much rather not see the plywood and deal with the spotty driveway, that can always be pressure-washed. The plywood is so much more obvious. I have sent an email to the 3 current board members. As a member of the ARC, I have no say in the matter other than being a regular resident complaing about the looks. More than likely though, I'll be one of the new board members. All 3 that we have now are burnt out and understandably so, hence, will be stepping down.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Troy,

As a new Board or ARC member, we go into this with all of our energies. After a couple of years and some whippings, we tire. ARC committees should do better jobs to lessen the strain on Boards so my advice is to read any documents that you may have concerning appearance of the property and see if the plywood can be replaced with something more visually palatable under ARC guidelines. Those guidelines follow your restrictive covenants which is where all guidelines should come from. Keep this from going to the Board until it might become nescessary.

TroyH (Texas)
Posts: 55

Posted:

As it sits now, there's nothing in the deed restrictions that addresses this. What deed restriction would. But, I'm assuming it's covered in the blanket statement (Section 15)... owner shall at all times be obligated to maintain his property and all improvements thereupon.., as to keep same in a clean, sightly and safe condition and conform to any specific standards the Board of Directors may adopt by resolution for the properties.

PS, what does resolution mean?

I hear what you're saying about limiting the amount of issues needing to be addressed for the Board. But, our board has made it that they are the only ones to send out notifications... So, everything has to be funneled through them.

DonnaS (Tennessee)
Posts: 5,671

Posted:

That is true in many association, that only the Board has the power to send any notices. However, some ARC's also have the ability to send notice of ARC violations but in your case, it is the Board's responsibility. Also, as someone posted on your other thread, there may be some things that you will have to ignore and let it go. You do not want to be known as the "condo cop"-----or worse. Pick your battles well.

TroyH (Texas)
Posts: 55

Posted:

Quote:

Posted By DonnaS on 06/16/2011 7:43 AM

That is true in many association, that only the Board has the power to send any notices. However, some ARC's also have the ability to send notice of ARC violations but in your case, it is the Board's responsibility. Also, as someone posted on your other thread, there may be some things that you will have to ignore and let it go. You do not want to be known as the "condo cop"-----or worse. Pick your battles well.

I try too. I always ask other neighbors if they feel the same way. About 50% oof the time I'm approached by residents to try and do something about this or that. Typically it is about lawns. I'm always thoughtful of not being too much of a "Nazi" as some call it. I want what's fair. All the early residents had a vision we bought into and we want to maintain it.

JenniferM10 (Illinois)
Posts: 97

Posted:

Just a thought - could they be using the board to protect the driveway until the leak can be fixed? Unless you are aware of their financial situation, would it be so wrong to give them the benefit of the doubt that it's temporary?

I'm thinking that, though, because they did put a board down. Someone who had no care or concern for the appearance of the property would probably just let it drip on the driveway and ignore it forever.

TroyH (Texas)
Posts: 55

Posted:

Quote:

Posted By JenniferM10 on 06/16/2011 9:26 AM
Just a thought - could they be using the board to protect the driveway until the leak can be fixed? Unless you are aware of their financial situation, would it be so wrong to give them the benefit of the doubt that it's temporary?

I'm thinking that, though, because they did put a board down. Someone who had no care or concern for the appearance of the property would probably just let it drip on the driveway and ignore it forever.

Fair enough.. A note could be sent to them stating that have 30 days to correct the problem of the vehicle if that indeed is the issue. I totally understand about the financial situation. I myself am living pretty much from paycheck to paycheck (that's a completely and separate story in its own right). With that being said, they do have a garage and it's not being utilized. I have learned from past experience, if you don't at least let them know someone's noticing (i.e the Board and other residence), nothing gets done or corrected.

Thanks for your insight.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Troy - and in this note you would need to reference the bylaw or CCR that deals with driveways.

Like someone said, pick your battles.

TroyH (Texas)
Posts: 55

Posted:

Quote:

Posted By SusanW1 on 06/17/2011 5:31 AM
Troy - and in this note you would need to reference the bylaw or CCR that deals with driveways.

Like someone said, pick your battles.

Susan..
I found this in our deed restrictions and I believe it covers all the "what if's". It's impossible for a deed restriction to address every possible issue that may come up..

(Section 15)... owner shall at all times be obligated to maintain his property and all improvements thereupon.., as to keep same in a clean, sightly and safe condition and conform to any specific standards the Board of Directors may adopt by resolution for the properties.

Am I correct in this being sort of a catch-all?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Troy,

It is a catch-all but the item that is questionable is that the ""BOARD MAY"" adopt, etc

Has the Board adopted any rules for maintenances of the driveways, like possible requirements for keeping clean , power washing, removing stains?

I was on my Board during a court case about pick-up trucks being outside. The Developer was called to state what his INTENTIONS were when he specified "pick-up trucks" in the covenants.

Intentions do not count when it comes to enforcement on a covenant or bylaw. It is the exact words of the documents. Interpretations are also a huge questionable issue if going to court. That is where either a Judge or a Jury will be the final interpretation to be followed, not the Board nor the ARC committee.

A good example is the Florida Statutes that were added in 07 which require all ARC restrictions on size, color, and specifications to be written in a guideline form that all members of the association must have a copy of. This Statute removed much of the ambiguity of any ARC requirements.

TroyH (Texas)
Posts: 55

Posted:

Quote:

Posted By DonnaS on 06/17/2011 7:32 AM

Troy,

It is a catch-all but the item that is questionable is that the ""BOARD MAY"" adopt, etc

Has the Board adopted any rules for maintenances of the driveways, like possible requirements for keeping clean , power washing, removing stains?

I was on my Board during a court case about pick-up trucks being outside. The Developer was called to state what his INTENTIONS were when he specified "pick-up trucks" in the covenants.

Intentions do not count when it comes to enforcement on a covenant or bylaw. It is the exact words of the documents. Interpretations are also a huge questionable issue if going to court. That is where either a Judge or a Jury will be the final interpretation to be followed, not the Board nor the ARC committee.

A good example is the Florida Statutes that were added in 07 which require all ARC restrictions on size, color, and specifications to be written in a guideline form that all members of the association must have a copy of. This Statute removed much of the ambiguity of any ARC requirements.

Thanks Donna.. Our community is so young we haven't had time nor the people to develop and nuture the deed restrictions. It was only last year that the developer had an hands-off approach. Up until then, everything went through him. He was reluctant to change anything in the deed restrictions because, it's my understanding, that such things require lawyers and we all know, lawyers aren't cheap...

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