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ErikaR (Florida)
Posts: 19
Posted:
I live in a HOA in Florida. The BOD inconsistently enforces the bylaws with a tendency towards not. Specifically, lawns kept to 4" (or 12" for that matter), garbage pails being stored from view, parking on the grass, edging property, etc. What recourse do homeowners have except to elect new members when their term is up?

WilliamT (Arizona)
Posts: 489
Posted:
Read the CC&R's so you can specifically identiry the violations with a particular covenant. Write a letter to the board specifying each violation that you see. Include a photo for each one, and the street address.

Then attend the board meetings and ask the board who is on the compliance committee. Ask why the violations are continuing. If there is an MC, ask for a copy of the MC contract, and see what it says about inspections.

Offer to help on the compliance committee.

Use very friendly language so that you are showing that you are interested in making the community better, and are willing to help. Make sure that you are not coming off as attacking the board, but rather asking for explanations and displaying willingness to help.
ErikaR (Florida)
Posts: 19
Posted:
William, thank you for your input. I have written, presented to the BOD, served on communication and enforcement committee. The BOD will not enforce the rules. If violations are issues the fines are dismissed eventually. The enforcement is selective. After I presented to the BOD 2 years ago I received the one and only violation I ever have gotten here for a mailbox that was not centered. All around me were neighbors with violations. We recently had an election and the BOD president voted the proxies. In the past the proxies were voted with the majority this time they were voted to the fancy of the president. The BOD seems to be keeping a few select people in the position of power. We have a management company that loses records and refuses to follow up. Our BOD is not interested in maintaining our bylaws but other issues like uniformed mailboxes or one garbage hauler. I am wondering if we as homeowners have any recourse for the BOD failing to enforce the bylaws over a period of years.
CharlesW1 (Georgia)
Posts: 826
Posted:
ErikaR

I wish I could be of some help to you, but I’m in the process of learning myself. I have and continue to receive excellent advice for many of the people who post on this discussion forum.

I would think you too will receive the advice you so desperately seek. I’m the Vice President of our HOA and we (like you and many others) are dealing with the same type of violations on a daily basis.

My only advice would be to, continue to enforce the by-laws and CC&Rs. It is imperative that the board continues to do enforce these “HOA Laws”

Before becoming a board member I had educated myself concerning these same issues. I turned to the advice of HOATalk and was advised to check with local ordinance concerning grass and its unkempt conditions and parking.

Keep us updated as much as possible. Previously written posts would be very helpful to you. Use the search box at the top of this page for previously postings and responses to some very similar discussions.

Best of luck to you
Chuck W.

Charles E. Wafer Jr.
WilliamT (Arizona)
Posts: 489
Posted:
A law suit is probably not advisable because it would be difficult to prove they have been negligent, or that their negligence has caused damage to you. Also it would be expensive for you, and the boards attorney fees are paid out of your dues anyway.

I think your best recourse is to replace the board, and then replace the MC.

To replace the board you'll need to get a campaign to gather proxies for yourself to vote them out by voting in people who are more interested in the community as a whole.

An alternate is to get enough proxies to get on the board yourself, and then serve as chair of the complaince committee, and work with the MC to take care of compliance issues.

However, I do recommend that before you do any of this, that you attend all board meetings and ask to be on the compliance committee. Learn all you can about each board member so that you can know who is working for the community and who has the most knowledge. Eventually get that person(s) as an ally and begin to work closely with them to get things done. It will take a lot of time.
ErikaR (Florida)
Posts: 19
Posted:
Thank you gentlemen for the feedback you have been helpful.

I am working with other homeowners on this issue and will continue to do so.

Thank you.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By ErikaR on 01/07/2007 6:17 AM
........ What recourse do homeowners have except to elect new members when their term is up?


I was reminded recently by a member (who happens to feel the way I do on enforcement of the CC&Rs) that the board and possibly its members can be sued for not enforcing the CC&Rs. I think he mentioned this just in case I didn't know and so I could remind the other members. There is an issue that he (and I) feel strongly about that has been reported to the ACC and there has been no comliance by the homeowner so far.

This should not be your first action, it should be a last resort but it can be used as a persuasion if necessary.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By ErikaR on 01/07/2007 6:17 AM

I live in a HOA in Florida. The BOD inconsistently enforces the bylaws with a tendency towards not. Specifically, lawns kept to 4" (or 12" for that matter), garbage pails being stored from view, parking on the grass, edging property, etc.


You're going to have a hard time with the lawns, edging and such. Say for instance, that someone's lawn is five or six inches high but it's been raining and cannot be mowed until the rain stops and the lawn dries out. He's got a pretty good excuse (I know it's an "excuse") for his lawn being too tall. The quality of an edging job is pretty subjective and what looks bad to you (and me) may look fine to Bubba the Redneck.

I'm beginning to think this issue is why some associations hire contractors to do all outside maintenance and grounds care and include it in the association assessments. It's the only way to see that the property is kept up to standards.

As for the garbage cans not being hidden and vehicles parked on the grass, these are pretty black and white issues. You can either see the garbage can or you cannot. You can see the vehicle parked on the grass or it's not there.

The BOD should be enforcing these rules. You can take photographs (prefferably with time and date stamps) and mail or e-mail them to the BOD with a request that the CC&Rs be enforced. Keep copies and make followup requests if necessary.


Ron
SC

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