Covanant Enforcement

Started by LisaF6 • 5 replies • 1610 views

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LisaF6 (Florida)
Posts: 13

Posted:

I have a situation where the HOA billed a homeoweners account for vandalism to common property. The board President belives the homeowners children were responsible but there is no proof. The incident occured in Febuary, the HOA paid to fix the problem in the most expensive way in April, the charges were posted to the homeowners accocunt in April, the board president filed a police report in May.
The meeting minutes indicate this was charged to the accounts as a covanent enforcement. It seems there are a few issues in regards to proof and the timeing of each step. My question right now is is this really a covanant issue? I thught covanant enforcement woudl be when a house is painted the wrong color and the HOA corrects it, mowing a lawn, etc.

Any thoughts are welcome

TimB4 (Tennessee)
Posts: 21,059

Posted:

Lisa,

Welcome to the forum.
Enforcing anything within the CC&Rs is typically referred to as covenant enforcement.

Most, if not all, sets of governing documents specify that the member (owner) is responsible for the actions of their family members, guests and tenants. They usually specify that if common area is intentionally damaged, the Association may charge the repairs to the member responsible.

This responsibility is also reiterated within FL 720.305 (FL condominium laws typically mirror the HOA laws but check to be sure if you are in a condo).

However, a hearing should have been held before the Board prior to you being charged.

If the hearing was held and you disagree with the result, your only recourse would be the courts.

If a hearing was not held, you should write a polite letter requesting one. Within that letter specify that you are willing to comply with the rules of the Association but desire to exercise your right of due process and the ability to question witnesses, etc. as to the proof of the alleged violation.

Hope this helps,

Tim

JeanneK3 (Maryland)
Posts: 562

Posted:

I agree with Tim that Florida law mandates that a hearing be held. The association can not take action against you without a hearing first being held. Florida does have an office that deals with homeowner complaints. Start there with the fact that you are being billed unfairly. Then file a complaint with the new federal Consumer Financial Protection Bureau. This bureau is looking at unfair debt collection procedures and needs examples such as yours.
Jeanne

LisaF6 (Florida)
Posts: 13

Posted:

Thanx for the advise. I found the police report today, only because the police called my house on Monday night at 10pm to inquire about the incident. Strange, that they called on 6/25 in regards to a report filed on 5/11 for an incident that is reported to have happened on 2/24.

Based on my discussions with those in the industry that are familar with the corrections needed (it was spray paint on the road), the problem could have been fixed for under $100 with items purchased at a local home improvment store. Instead the board president chose to have a section of the road removed all the way down to the dirt and then repaved and stripped. Costing just under $2,500.

Only one call was placed to my home in Feb. regarding the matter and the management company told me they would get back to me when they decided what to do. I never heard back from the management company, even after leaving a few voicemails and sending emails.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LisaF6 on 06/29/2012 1:59 PM

I found the police report today, only because the police called my house on Monday night at 10pm to inquire about the incident. Strange, that they called on 6/25 in regards to a report filed on 5/11 for an incident that is reported to have happened on 2/24.

It's likely that they had more urgent cases and are now just having time to do additional investigation into the incident.

Quote:

Posted By LisaF6 on 06/29/2012 1:59 PM

Based on my discussions with those in the industry that are familar with the corrections needed (it was spray paint on the road), the problem could have been fixed for under $100 with items purchased at a local home improvment store. Instead the board president chose to have a section of the road removed all the way down to the dirt and then repaved and stripped. Costing just under $2,500.

Mind you your estimate of $100 is likely low as it doesn't include the cost of labor.

I agree, based on your posting, that the need to mill and pave that section at a cost of $2,500 is extreme.

If your children were involved, I'd suggest a compromise.
If you have pictures of the issue (if you don't the police might), get estimates from graffiti removal companies and use them as a basis for the compromise.

Tim

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Lisa

I agree there should have been a hearing.

With that said, what are your issues?

Your nipper did or did not do it?

They charged to much for the repair?

Thanks

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