Over zealous manager? Retroactive rules

What legal trouble? Your HOA rules are created by the owners for the owners. Sounds like these are just aesthetic changes and mean little to nothing. No one is getting fined because they don't do this are they? It's just one of those nice things that if it happens then that's nice. He is the one who would have to provide the rule if it's decided something is in violation and would be fined.

I don't see an issue here except a person who thinks that covering up some mechanical type items may make the HOA look better. It's not enforcing but a suggestion. Your HOA would have to have a fining schedule to be able to actually enforce any of these rules anyways.

Bill,

Welcome to the forum. In addition to any language contained in your governing documents, the adoption of rules must also comply with VA law § 55-513 (part of the Property Owners Association Act.

Per that law [emphasis added]:

"Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development"

The key word being reasonable. Unfortunately, the law does not define what is considered reasonable. Therefore, until someone challenges that language in a court of law or until the legislatures amend the act to define "reasonable" each board may use their best judgement. In my Association, we not only publish new resolutions on the web site but mail a copy to each member and paraphrase it in our newsletter. Your Association may consider the website to be reasonable enough for publication.

BTW, per that same statute, any resolution adopted by the board may be abolished or amended by the membership by the majority of votes cast. Therefore, if you disagree with the rules you may solicit signatures to call a special meeting of the membership to vote on abolishing those rules.

As for retroactively applying a rule, I have discovered through my research that grandfathering is not automatic. If the rule does not specifically provide a grandfather clause (or a grandfather clause does not exist in your governing documents) then everyone would need to be in compliance. The only grandfathering in an Association covered by the VPOAA is located within § 55-509.7 which specifies that once the sale of a home is finalized, the Association is bound by any statements made in a disclosure package. However, even if you did recently purchase your property, the new rules you mention about screening and landscaping wouldn't be covered under that clause.

You need to remember that the property manager works for the Board. Therefore, it's possible that the Board is directing the property manager to enforce these new rules. I would suggest contacting the board for the following:

1) Inform your Board of your concern that publishing the new rules only on the website may not be considered reasonable as the Association can't be sure everyone is aware of the change. Then suggest that they not enforce the new rules until the rules are at least mentioned in the Association newsletter or (better yet) a copy of the new rule has been mailed or delivered to each member.

2) Suggest a grace period before enforcing the rules on fences/screening and/or landscape changes as this will require additional costs a member might not immediately have and requests to add the screening may require prior approval from the Association (check your documents).

3) Request a copy of the property managers contract.

I recommended that you request a copy of the contract because some MC or PM contracts allow the MC/PM to receive a portion of any fines assessed to members for violations. When this is in a contract, the MC/PM is more motivated to seek out violations because it's an additional revenue stream for them.

Hope this helps,

Tim

Bill

Would you care to pay attention to what people that are trying to help you, are saying?

Yes the HOA can force people to comply to some things, but not all things.

HOA's can enforce their documents (Covenants, Bylaws, Rules and Regulations) but "some informational handbook/extract, etc." based on such, is not worth the paper it is written on.

Now if the "handbook" is a copy of the above documents then that is another issue.

Thus your question of can the "handbook" be enforced cannot properly be answered without clarification of what the "handbook" really is,no matter how you ask the question.

Do you want a wro answer or the right answer?

First of all, let me apologize to those who think I may be ignorant .... forgive me since I'm very literal when it comes to affairs such as this.

Nothing is in conflict with country codes at all. These are strictly HOA rules which apply to the development only. Upon purchase of their homes, each resident is presented with a "Property Owner Handbook" which lays out declaration of covenants, restrictions, rights, affirmative obligations & conditions as well as the bylaws if the Association. Finally there is a huge section which covers "Design Standards". It's the design standards which outline everything about dwellings, additions, fences, colors, land design, setbacks, mail boxes, play equipment, etc., etc, etc. The books have NEVER been updated since the first one was distributed.

And it's the design standards which are being brought into question by several homeowners. There were no design standards for generator fencing or irrigation standpipes when those homeowners purchased their homes and received their handbooks. Those standards were adopted last year. The HOA manager is trying to get those homeowners to comply with the "NEW" standards.

That's what I mean by "going retroactive". Someone from another committee told me that the HOA cannot enforce a standard retroactively, but I can't find a reliable source to tell me if this is right or wrong. I need a statute to cite or someone to tell me specifically why it is true or untrue.

I greatly appreciate everyone's patience as I work through this very confusing but very educational process!

Thanks a million!