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Item removed.. no Notice to the Community..

Started by MichelleC7 • 8 replies • 1470 views

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MichelleC7 (California)
Posts: 108
Posted:
Hello all,
It appears as though our HOA BOD went ahead and removed ALL realtors lock boxes outside our building without placing notification within our community.

One of our homeowners is disabled. He uses his lock box for emergencies when he forgets his keys. ( his disability as time affects his short term memory and this is the rational for his lock box.) His lock box has been outside for 6 years according to him.

Well, it is now gone. Is it acceptable to have request the HOA replace it at thier expense since they removed all boxes without notfiying the community of such activity? It was never mentioned in the open forum of the board meeting so homeowners who do attend or get minutes weren't notified that way either.

Please advise.. NOTHING In our CCRS regarding lock boxes by the way. Not even addressed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Michelle,

Lock boxes that are in place that are not part of the selling process could be considered an exterior change to the property.
Typically, exterior changes need to have prior approval.

If there is no notice, how do you know that the HOA removed the boxes and that they weren't stolen?
Did you ask the Association if they did this and, if so, why it was done?
If you did ask, what was their response?
MichelleC7 (California)
Posts: 108
Posted:
Quote:
Posted By TimB4 on 11/14/2012 4:36 PM
Michelle,

Lock boxes that are in place that are not part of the selling process could be considered an exterior change to the property.
Typically, exterior changes need to have prior approval.

If there is no notice, how do you know that the HOA removed the boxes and that they weren't stolen?
Did you ask the Association if they did this and, if so, why it was done?
If you did ask, what was their response?

Our HOA stated they removed them last month.... and they admitted.. without notice.
TimB4 (Tennessee)
Posts: 21,059
Posted:


Granted,prior notice would have been nice. However, having lock boxes out without real estate signs showing the property is for sale can indicate to a bystander that there are a lot of sales in this development and it could inhibit potential buyers.

If the Board considered them a violation because they didn't have prior authorization, then it would depend on what your Associations enforcement policy says.

What was the reasoning the board gave for removing them?
MichelleC7 (California)
Posts: 108
Posted:
NO reason, no notice.. individual will follow up with formal request. Using the approach it's a request due to his disabity/legal approach.. lawyer in family ADA specialist etc.
MichelleC7 (California)
Posts: 108
Posted:
Quote:
Posted By MichelleC7 on 11/14/2012 4:55 PM
NO reason, no notice.. individual will follow up with formal request. Using the approach it's a request due to his disabity/legal approach.. lawyer in family ADA specialist etc. Cant' enforce anything, nothign is addressed in our CCRs... and there is no policy regarding any of this. A violation letter? they had no idea who's lock box it was.. they just removed it according to the neighbor.


KellyM3 (North Carolina)
Posts: 2,239
Posted:
Are lock boxes what this was all about? Heck, that's worth a three minute explanation, approval and move on.
MichelleC7 (California)
Posts: 108
Posted:
It was not this easy..
Rogue president.. making comments/decisions for the board, without vote, without meeting and communicating via text message.. NO wa the answer.
Legal threat, reported to FHA.. lock box granted. Short story.

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