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What can be discussed with neighbors?

Started by HowardL • 6 replies • 1709 views

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HowardL (California)
Posts: 2
Posted:
I am a member of an HOA BOD. We had an issue with compliance by a member of the association with the CCRs regarding chickens on her property. She claimed that they were "pets" (all 13 of them) although poultry is specifically banned from the development by the CCRs. After numerous Board meetings and letters to the owner, including one which specifically advised that we would seek to recover legal fees if incurred, the owner still refused to removed the chickens. Subsequently, our lawyer composed a letter to the owner, at which time the chickens were promptly removed. The legals costs, in addition to other legal costs incurred this year, have put us over our budget for the year. Some homeowners not on the Board want to know why our legal expenses have been so high. Am I allowed to discuss the details of the violation with them? What if the homeowner claims that they were wronged by the Board and misstates the documented sequence of events? What are our options to defend the actions of the Board?
Thanks in advance.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By HowardL on 09/13/2011 9:17 PM

Am I allowed to discuss the details of the violation with them?

The Board should explain that additional legal expenses were incurred in enforcing the Declaration of Covenants, Conditions and Restrictions. The Board should also specify that they expect that the cost of that enforcement to be recouped.

You as a member of the board should only repeat what the board chose to release.

Neither you nor the board should specify the lot number, owner or violation (as it's unique enough people will probably figure it out).

Quote:
Posted By HowardL on 09/13/2011 9:17 PM

What if the homeowner claims that they were wronged by the Board and misstates the documented sequence of events?

The member is certainly allowed to their own opinion. If they believe that they were damaged in the process, they should seek remedy through the courts. The Board should take the high road and not discuss it beyond saying the legal fees were incurred to enforce the CC&Rs, which is one of the functions of the Association.

Quote:
Posted By HowardL on 09/13/2011 9:17 PM

What are our options to defend the actions of the Board?

If you are asking how to explain it to the membership - see my first response.

If you are asking should we review our enforcement procedures - this is always a good thing to do from time to time.

If you are asking should the board become involved in neighborhood gossip - I would say no. The Board should take the high road and say that they were doing their job as specified in the governing documents. If anyone doesn't agree with this decision they should be encouraged to exercise their right to announce their candidacy for the board.

Tim
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There's a fine line between HOA member, HOA board member and neighbor...That's because you are ALL neighbors...So of course it's going to sound "gossipy" to talk about the subject. It's going to be alot of different things to everybody and anybody. I would do what Tim suggests. Give out the details that the board had to deal with an legal issue because of a matter of the rules violation/enforcement. Basically, saying that IF you want the HOA to enforce the rules, you have to expect there to be legal bills which will come out of the budget/dues.

Everyone's got an opinion and they are free to share. It won't take much for people figure out who you were referencing but don't mention them by name. Use the lot number reference and stick with it. I think it will overall show the HOA does take their job seriously and does enforce the rules. A good thing.

You think chickens are bad? Try having a baby Emu in your backyard!!! Especially with NO warning!!! Do you know how MEAN them things are? My renter kept a baby 3 foot Emu in the backyard of my patio home without my knowledge. Somehow lawncare skirted telling the HOA too as they stopped mowing my backyard. So I feel your pain on this one! Hope one wasn't a rooster!
Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Howard:

I think the key here is the violation got corrected, all you have to tell your members is you spent the legal fees defending and enforcing your covenants. I think it would be ok to tell them it was in response to poultry on a lot but you should not give a name or an address or a lot number. Folks will figure it out but that is ok.

I believe the association should plan on spending some money every year upholding its covenants and you aren't going to be able to recoup that money. In this case i can't imagine your lawyer's fees are going to be that substantial that it is worth a fight to get the money back.

The homeowners can feel however they want, your defense is it is in the covenants and your job as a board is to uphold them. Good luck
SusanW1 (Michigan)
Posts: 5,202
Posted:
I think you have every right to state that the legal fees were spent enforcing a 'no chicken rule' - or whatever you want to call it. (Doesn't your township have an ordinance, too?)

That lets other homeowners know not to even start that kind of action on their own property.

Names don't have to be revealed, but belive me, everyone prpbably already knows.

SusanW1 (Michigan)
Posts: 5,202
Posted:
I think you have every right to state that the legal fees were spent enforcing a 'no chicken rule' - or whatever you want to call it. (Doesn't your township have an ordinance, too?)

That lets other homeowners know not to even start that kind of action on their own property.

Names don't have to be revealed, but belive me, everyone prpbably already knows.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
I think you have every right to state that the legal fees were spent enforcing a 'no chicken rule'


I agree. You need to be transparent about where your spending the money. The homeowners need to know you know what your doing and making good decisions or you need to be replaced.

Lets say you spent $7,000 on the chicken problem and only $100 on liens and didn't go after the homeowner for reimbursement. You shouldn't hide this from your members.

If you continue to hide what your doing, your only creating more issues in your community which will lead to everyone fighting and board members being replaced.

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