Review Documents. Others Architectural Apps. Monitor Fairness, HOW?

Started by KevinS9 • 3 replies • 1257 views

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KevinS9 (California)
Posts: 3

Posted:

I'm a first time home buyer and haven been dealing with my small HOA for over a year now. I'm at the point where I requested to review the documents. Civil Code was sent to me stating only 3 years back AND not all documents are available.

Turns out violations and correspondence to other homes are not.

How is one able to show the board is operating fair or not if the violation documents of other homeowners cant be reviewed?

What's stopping a HOA board from fining and sending letters to remove a hose real with Billy Bob next store has his mounted on the wall?

I reviewed Davis Sterling and did not see anything about being refused to see the architectural applications that have been submitted. I need to see this information because I know several homes have changes, board members included, and did not submit applications. In addition, I was fined for putting up black lights and had to change them. A board member within the past 6 months installed black lights.....NOT OK!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Kevin,

I understand your frustration. However, per the davis-stirling site, private owner correspondence to the board do not have to be released. Applications could be considered private correspondence. I don't agree with it, but since the law didn't define "private correspondence" it's left open for interpretation.

The only way you would gain access to those records would be via the discovery process in a legal action or be elected to the board and try to change things from within.

If you wanted to determine if the items were approved or not, you could report them to the board as being in violation. The board (or appropriate committee) would then need to investigate. Of course, this might not make you popular with your neighbors.

As for the black lights, did you request permission prior to installing them. If you did not, that would have been more of the issue rather then the lights them self. If you did ask permission, or if you wish to revisit the issue, you could resubmit the request and specify in the request that this would be similar to those lights approved and installed on xyz lots.

Hope this helps,

Tim

KevinS9 (California)
Posts: 3

Posted:

Tim,

Thanks for the response. I did assume that the documents would only fully open if I decided to go to court. Funny how thats whats necessary some time.

Regarding the lights. Yeah I installed them first but then went through the process and have written from the HOA board that "only brass colored lantern" style lights will be approved. Hers are not brass nor lantern style and she was one of the ones that insisted they were that color.

It seems there should be much more oversight in HOA law to protect the homeowner, not the board of directors aka association. I'm finding they have the potential to do as they please, approve/not approve with no consequences or without any checks and balances.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KevinS9 on 04/18/2012 8:41 AM

It seems there should be much more oversight in HOA law to protect the homeowner, not the board of directors aka association. I'm finding they have the potential to do as they please, approve/not approve with no consequences or without any checks and balances.

Since Associations are the result of CC&Rs and the CC&Rs are considered a civil contract, the oversight, checks and balances are the responsibility of the members of the Association. Unfortunately, many members do not understand this, apathy sets in and they expect someone else to do what they are responsible for.

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