Rules and Regulations Enforcement

In a previous post I have mentioned my neighbors on each side of my TH having violations. On the one side they use the yard for an ash tray (I mean hundreds of butts), They have put a couple of signs in their yard, one is a med. size green glow in the dark sign, that was either stolen or borrowed from a business, stating "PARK CARTS HERE", I forgot what the other one says. They hardly every place their trash can behind the lattice that is provided and he has a large commerical van w/equipment on it parked half the time over the sidewalk. The front yard is full of large toys 24/7(2 bikes/motorized car). This has been going on for months. The neighbor on the other side still has all her Christmas decorations up and a bright yellow hose hanging from her lattice facing the street. I filed a written complaint to the Board and the MC(pictures enclosed but the President lives directly across the street). Our CC&R's and Bylaws clearly addresses these issues. Below is the response I received this morning.

Quote from letter:
"Regarding your letter dated January 22, 2007, I need to make some clarifications for you.

I suggested if you had an issue with your neighbor and cigarette butts that you speak to your neighbor before you did anything else. Have you spoken to your neighbor to ask him/her to correct this? In regards to the sign - it is a decoration and I do not feel it is an issue.

We do not have any specification on time limits for having Christmas decorations on our homes. If you have been aware, the neighbor at 9568 Cobblebrook decorates for most holidays, and will likely change the theme very soon. Ruth Lee offered to help her just the other day, and said she is the one that placed the hose on the lattice, but she offered to move it to the shed for your neighbor. Since you have written your letter, your neighbor has started to remove her decorations. Ms. Pitsos, why do you not speak to these two neighbors about your concerns? You speak to others in the neighborhood.

What needs to be realized is that the Association Board and Property Manager should not be your first resource. If you have an issue, make an attempt to handle it before you bring it to the association/management company. Believe it or not, some neighbors do not realize what they are doing until someone points it out to them. This is how I operate, and how others in Hampton Lake operate as well. Once you have talked to your neighbor and they will not make the changes that they should, then bring it to the board for assistance.

Also, you quote the bylaws often. They were put in place to have a base for us to work from and are there should we need to enforce any infractions. You often mention commercial vehicles. There are a few in the neighborhood, but they are not causing problems. If a semi or tow-truck were to start parking in Hampton Lake, then we would address the issue. But the vehicles there now are no bigger than your van and I consider this a non-issue. I do not wish to have a Gestapo-like association. Until something becomes a problem, I do not feel it needs to be addressed. And by problem, I mean a true problem, not something that just bothers you.

The fees for violations you mentioned will be an agenda item at the General Meeting to be held in the next month or so. You will receive a notice. Last, the basketball goal is gone, and has been gone for a while."

I will place your letters of complaint and my responses in your file.

MY TH has been empty over a year because I did not want renters like that but I can no longer do this. Flordia has gone crazy our insurance and taxes. I can no long do this I have to either rent or sell. I explained to her that it was difficutlt for me to show my home with these conditions. I do NOT live in that subdivision but maintain my home very nicely. I do NOT feel it is my place to speak to these people, I feel it is the MC's, isn't that what I pay them for. I did have a run in w/the sign guy last summer because of his trash/cig butts in my yard. Since I am not there all the time I feel there may be retaliation. Actually I did find my main electrial switch had been turned off a few weeks ago and the food in the frig has to be thrown out(just a few things we keep in there for when we do yard work or clean....Isn't there anything I can do to force the Board or MC to enforce these violations?

Gerald, this is the letter I wrote to them. I did address all these things.

Attention:
Prestige Property of Pensacola (MC)
President of Hampton Lake HOA
Vice President
treasurer

This letter is being written to those who were elected, appointed, or hired to carry out the fiduciary duties of the Hampton Lake Homeowner Association of Escambia County. I am offically filing a complaint to the Board of Directors and Prestige Management Company of this Association. I am requesting that this letter is to be placed in the permanent file of (name & address), Pensacola, FL 32506 . Also that the action taken to resolve this matter be placed in my file and a copy be sent to me..

A week to 10 days ago, I had the occassion to speak with (name), the President of our HOA about the tenant beside my home. I told her of the hundreds of cigarette butts in the front yard and of the signs also in
the front yard. Our CC&R's address both of these issues. Plus there are other violations by this property and other HO's.

ARTICLE VII - GENERAL RESTRICTIONS

Section 4 - Trash, garbage or other waste shall not be kept except in sanitary containers as provided by the entity holding the franchise for trash collection in the subdivision. Any such sanitary container shall be kept in the area bounded by lattice work and bushes located at the front of each interior unit or the side of each end unit or in the shed in the rear of the home or on the rear patio next to the shed except such times when they are placed on the curbside for collection.

Section 5 - All structures, improvements, yards, driveways and landscaping must be diligently and properly maintained in a neat and sanitary condition so as to secure the aesthetics of the subdivision.

Section 7 - NO signs of any kind shall be displayed to the public view on any lot except one sign of not more than a six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.......etc. about Builder

Section 14 - NO boats, trailers, motor homes, campers or other recreational vehicles shall be parked on any Lot or in any street in the Subdivision. ONLY personal, non-commerical passenger vehicles may be parked on the Lots or in the street unless approved in writing otherwise by the ACC committee or the ARR.

When I spoke with (name) about these issues concerning (address), her reply to me about the signs were, "They are decoration and that is not what the restriction means." They are clearly signs and are NOT allowed. If they are considered decorations, then any HO could put anything in their yard and call it decoration, an old toilet w/flowers planted in it, a pile of lumber, etc......About the cigarette butts, she said that (name), the property Manager was going to be there the next day and she would have her check it out. The trash can is hardly ever behind the lattice and the work van with the company Logo is parked in the driveway daily. The last I was there, the childrens bikes and car are left in the drive both day and night. This unit was sited before when we had the old management company. A letter was sent by (name) but nothing was ever done. I have ask repeatedly that the Board that we (the Board) carry out the duties we were elected to do. I had stated to both of you that we needed to set up the "ALLOWED" fine schedule for violations and present them to the HO's. Without these fines, there is NO enforcement. You both agreed and so has the few HO's that attended our meetings. The HOA was placed in the hands of the HO's and our own elected Board over a year ago and nothing has been done in requards to violations or any other matter of concere to the HO's. Enforcement of the CC&R's are your duty. If you don't like the rules and restrictions than they need to be brought before the HO's for a vote for change but until that time the Board is obligated to enforce them.

The most disturbing thing about these things, is that the President, (name) who has taken on the position of seeing that our CC&R's are enforced lives directly across the street from this unit. She has seen this every day for months and has failed to enforce these restrictions for the good of my property and the community.

Not mentioned at our meeting, was the unit on the other side of my unit, (address). This unit still has Christmas lights up and candy canes. Her bright yellow hose is hanging on the front lattice work (for months). Both of these infractions make for an unsightly appearance. Again our President lives directly across the street and has done nothing about these violations of the CC&R's.

These two units plus other violations (basketball goal on the sidewalk, some satellite dishes) not only make the community look bad but also would make it very hard for me to show my home for either sale or rent. I was advised that I may have legal action against the HOA and the BOD's for their failure to uphold their fiduciary duties. They knowingly and willingly are neglecting their duties. We purchased our homes in a controlled subdivision becaue we wanted this protection of our property values. If the HOA's, CC&R's are not being implimented then our values are lost.

I am requesting a response to this letter by both the BOD's and Prestige Properties as to why you are not carrying out the fiduciary duty that the member of the HOA elected/hired you to do.

Respectfully yours,

I thought this was a very nice letter. I was only asking for the CC&R's to be enforced as my assessment dues alot me to do. I don't feel the Board or MC has the right to pick and chose the rules and restrictions they want to enforce. As I stated before, if they don't like them, bring them before the HO's and lets change them. As stated so many times, these rules were in place when ALL HO's purchased their home. They knew the rules or it was they responsibility to know them. I only want what I pay for.