💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MattD11 (Kansas)
Posts: 5
Posted:
I used to be on the Board of the HOA (advisory board, board, DRC, etc). We have a "rogue faction" in our HOA that seems to think they can control things (i.e. they don't want to follow restrictions we all agreed to, or they want to allow homeowners to do things that are not allowed, etc).

The "leader" was sent a personal committee e-mail where they were accused of looking out for their friends. The response was "Well at least I have friends". This person then forwarded the initial e-mail to their friends (about 15 out 176 homes).

This person is now trying to get the Declaration/Bylaw rewritten and a lot of the changes are "their" personal opinions. They distrust the Board so much that they said they e-mailed out the changes to everyone in the neighborhood they had e-mail addresses for (except to the person mentioned previously).

We are a new HOA (from the Developer) and it seems like everyone walks around on egg shells. We can't "go after" someone for a violation unless it doesn't involve one of the 15. As soon as one of the 15 gets a notice of a violation they cry foul, say we are being unreasonable, and demand an exemption and change to the rules. No one wants to call this person and their "gang" out (not even the Property Manager).

How have you dealt with someone like this in the past? Calling this person out would be best, but no one wants to do it.
BrianB (California)
Posts: 2,820
Posted:
The board needs to do their job and do it properly. If a violation occurs, they should take appropriate action, period.

IMO, an email of the nature you mention is less than professional, and served no purpose. The board should deal professionally.

If people in the HOA wish to change the rules, that is their right. They should learn the proper way to do so, and then give it a try. If the proper process is followed, and the required votes are received, then that is the will of the HOA. If not, then that is the will.

we deal with similar people and situations all the time. My best advice is to fall back on the rules and regulations of the HOA... CC&R's, By-laws, State Laws, etc., and conduct business in a proper, legal and professional manner. To do anything else is futile.
MattD11 (Kansas)
Posts: 5
Posted:
That is what I keep trying to tell them. Follow the black and white that is written. If you don't like it follow the process to get it changed. If you can't get it changed then fix the problem.

The e-mail that was written was rather lengthy and only one sentence called out how this person seemed to only care about protecting their friends. Their response was not about the overarching problem the e-mail was trying to discuss, it was just to "bully" back with the sender not having friends.

For instance one problem we had was our Declaration said that Satellite dishes can be installed, but only as long as they are not visible from the road. Well, technically you can see just about every side of every house from one road or another so the DRC said be seen from the front corners of the lot. Thus essentially hidden, or behind the house.

Of course 2 of those affected were part of this group. They have threatened to sue, etc. The Board has asked the FCC for a declaratory ruling stating that our language is allowed and thus they have to comply. I just don't understand why they would rather fight and fight and fight instead of paying the $50 to move the dish to comply.
DaveD3 (Michigan)
Posts: 796
Posted:
1) Don't feed the trolls. Ignore their rogueness.
2) If they present an issue, address it as you would from anyone else.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Matt

You all are running scared from these people. They are winning.

What the heck does the FCC have to do with where satellite dishes can be seen from?

MattD11 (Kansas)
Posts: 5
Posted:
The FCC regulates what restrictions are allowed to be placed on Satellite dishes (otherwise HOA's could ban them).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Matt

Next time they threaten to sue, grow some balls, stand up and say feel free to sue. We will see you in court.

MattD11 (Kansas)
Posts: 5
Posted:
It is just that except for a handful of homeowners (i.e. 3) no one wants confrontation. So we have maybe 5 homeowners who care, 15 who care as long as it doesn't affect them, and 155 who don't care.
NancyG3 (North Carolina)
Posts: 342
Posted:
Welcome to the outside of being a prior Board member. We have the same situation with our present Board and as much as some of the homeowners have tried to get them voted out, they keep getting the proxies to vote themselves back in. If you can come up with a solution I certainly would like to know what it is. Good luck. Nancy
LarryB13 (Arizona)
Posts: 4,099
Posted:
Matt,

We had a similar situation with a group who wanted to dissolve our association and start up their own. They even went so far as to incorporate a new association. After lots of arguing, we put it up for a vote as it required 2/3 of the owners to approve any change to the CC&R's. The oppositionists lost and essentially disbanded.

You might try putting a similar amendment out to your members. It does not sound like they have much support and having them lose the vote may shut them up.

GlenL (Ohio)
Posts: 5,491
Posted:
Are they a "rogue faction" or or they simply homeowners who know their rights? Google OTARD Rules and you'll find that if the installer says that the front of the house is the best, easiest, cheapest place to put a dish or two, then the HOA has to allow it irrespective of its CC&R's. Now if they truly are a "rogue faction" then as others have said: The Board needs to put their big boy pants on and sack up.

Studies show that 5 out of 4 people have problems with fractions
MattD11 (Kansas)
Posts: 5
Posted:
GlennL-

The FCC's website (and their customer support staff have confirmed is accurate) states:

"However, a regulation requiring that antennas be placed where they are not visible from the
street would be permissible if this placement does not prevent reception of an acceptable
quality signal or impose unreasonable expense or delay. For example, if installing an antenna in
the rear of the house costs significantly more than installation on the side of the house, then
such a requirement would be prohibited. If, however, installation in the rear of the house does
not impose unreasonable expense or delay or preclude reception of an acceptable quality
signal, then the restriction is permissible and the viewer must comply."

http://www.fcc.gov/guides/over-air-reception-devices-rule

You have to remember that dish installations are almost always 100% free, and they provide up to 100 feet of distance from the entry point. One house in violation could move their dish 5 feet (and around a corner) to comply. Another could move theirs up about 10 feet. Both of these homes back up to an open space so there is plenty of southern facing exposures to put their dish on.

As far as "know their rights" I am a big proponent of this. They fight back not because their rights are being trampled, but because they don't think that some of the rules should be enforced. Then rather than work to get the rules changed by the HOA (which is a tall order) they ostracize anyone who disagrees with them. Case in point is there was an issue where there was a big backlash by this group only and they were e-mailing everyone (including all of their friends). We would then get an e-mail from their friends saying they disagreed with them, but they couldn't/wouldn't publicly back the board due to their friendship.

Our biggest heartache is that we are a newer recently released HOA and the Developer didn't enforce a lot of what was in the CC&R's. Then we try to clean it up and people think they should be given a pass because they have been in violation so long, etc.
LizK (Maryland)
Posts: 2
Posted:
Yours is not isolated as we have had the same problem in our HOA since we took it over a year and a half ago from the builder. Violations were not enforced with regularity and when we send letters or speak to the homeowners we almost always meet with resistance or finger pointing to the other violations that need addressing. What the homeowners do not realize is that the other violations are being addressed as well. You need to make that clear to the 15 that think they can do what they like. Get the word out to all residents what has been done about violations and be consistent. Eventually this group will get the picture. I am not sure what your covenants state about changing the rules, but usually it is 2/3 or 3/4 of the residents. Clearly they are in the minority. I wish you luck.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here