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KarenT (Washington)
Posts: 250
Posted:
Our HOA recently replaced a wood fence that was 16 years old and rotten with a new vinyl one. There was one or two homeowners who were against replacing it period and after much grief we had the HOA Attorney send out a letter to the entire membership stating the BOD was complying with the vote to finish the fence. These homeowners have continued to cause issues too numerous to go into detail. When the first section of the fence was completed we put in landscape edging to make sure the mow crew did not ruin the fence with their mowers or edgers. It was black edging and landscape rock. The portion we just finished needed edging also and due to the cost being nearly the same as concrete edging it was decided to go with the concrete. We had to have a minimum of 300 ft (which we did not have) so one homeowner who already had brick edging said she would pay for the balance and remove her bricks to get the minimum ft. This homeowner filled out a architectural form for her property for the new edging. Now one of the homeowners who has been causing issues says she wants copies of the ARC forms for this property and the section for the fence which is the HOA perimeter fence. There was no ARC form for the HOA portion of the concrete edging. We know from past experience she s going to make a huge issue out of this. Any advice on how to handle a response to her? Just an FYI nothing we ever tell her does she believe or agree with. It is a nightmare.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Karen,

As you know, having a homeowner pay for the rest of the load of concrete caused a perception of impropriety. I'm not saying that it shouldn't have been done but it could appear that the approval for that lot to have concrete edging would have been disapproved if the Association wasn't using concrete. Just remember that the Association has now set a president and needs to approve any other similar requests for concrete edging.

As for how to handle this issue, I would respond this way -

Provide a copy of the lot owners request and approval letter.
Explain that the Association doesn't submit requests for changes as those changes are voted on by the Board of Directors and then include a copy of the minutes where it was discussed and approved.

Even though he didn't ask for it, you should be ready to show proof that the concrete was paid for from two sources, the Association and the homeowner as I suspect this would be the next proof that they will seek.

Tim

Note: If someone disagrees with a decision of the board, invite them to exercise their option to submit their name for the next election to serve on the Board.

TimB4 (Tennessee)
Posts: 21,059
Posted:
oops, I intended to write that you have now set precedence.

Sorry, I was listening to the debate when I was typing.
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By TimB4 on 09/07/2011 9:35 PM
Karen,

As you know, having a homeowner pay for the rest of the load of concrete caused a perception of impropriety. I'm not saying that it shouldn't have been done but it could appear that the approval for that lot to have concrete edging would have been disapproved if the Association wasn't using concrete. Just remember that the Association has now set a president and needs to approve any other similar requests for concrete edging.

As for how to handle this issue, I would respond this way -

Provide a copy of the lot owners request and approval letter.
Explain that the Association doesn't submit requests for changes as those changes are voted on by the Board of Directors and then include a copy of the minutes where it was discussed and approved.

Even though he didn't ask for it, you should be ready to show proof that the concrete was paid for from two sources, the Association and the homeowner as I suspect this would be the next proof that they will seek.

Tim

Note: If someone disagrees with a decision of the board, invite them to exercise their option to submit their name for the next election to serve on the Board.


Tim,

The homeowner who is causing the issue has major animosity towards the homeowner who did the curbing (who happens to be on the Board). She sends out extremely derogatory e-mails to the point we shut down the HOA e-mail. She even has caused so much grief with our mgmt company who also sent out a dergatory letter themselves (based on hearsay from this homeowner) and now our attorney is sending a letter to the mgmt company because this was a blatant breach of their contract and not authorized by the BOD.

We just don't know how to stop her as I said, she will not even listen to us. It's very upsetting to say the least. We are thinking of sending her a letter stating that the BOD wants to discuss her hostility towards the BOD and if she doesn't come to the meeting, then we start fining her for all the attorney fees we have incurred directly related to her which now total $1,500. Our by-laws give us the right to fine members for attorney fees.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA has a right to lien the owner for the bills which is better than fining them. Some states don't allow for liens for fines. So it's just best to go right for the lien which will cover your legal costs for filing too.

Here's what I had developed as a response over the years. This is used usually to address those members who are more "squeeky". Repeat this "If you sue your HOA, you are suing yourself and your neighbors". Understand the logic behind this statement and it will open things up for you and the complainer. It may take a bit to sink in but eventually when they are hit with the bill...It sets in quickly...

Don't knee-jerk at every proposed legal action. I must have been threatened lawsuits several times a month. Here's the deal. Tell them to go ahead an sue. Most likely they never will and just send a letter from an attorney. Which is just legal mumbo jumbo to make your HOA jump at their feet. If your HOA is correct in it's stance, you have nothing to worry about. If they do sue, put it on their dime NOT yours. Simply file a counter-suit. It's cheaper and can sue for anything too. Put your lawyer to work rather than drafting letters...

Sometimes you just got to plant your feet in the ground and say "Come on...What you got?". It throws people off their feet when all they got behind them is a bunch of air. I don't use this approach for everybody but sometimes you just have to stand against the wind and be okay with taking a few punches. The punches usually miss....

Former HOA President

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