Abuse of Power

I recently purchased a foreclosure in a nice gated community. I am the "Beverly Hillbilly". I have intentions of completely remodeling, new roof, impact glass, paint, etc. the home. It won't be near the size and value of others; however, it will be nice. Unfortunately, the president of the board is placing a financial burden on me by requiring things that are not in the guidelines. Also, there are lots of homeowners that are in violation of the guidelines. To my knowledge the board has not done anything to them. This is selective enforcement. Additionally, I have had two homeowners tell me that people do what they want - when they want and they cannot believe I requested things like cutting down trees (it is actually required in the guidelines). Is this abuse of power? I am not even listing all of her incorrigible acts. However, the above gives you an idea.

I am confused as well. You reference it won't be the same size as the other properties? In what regard?Did you NOT read your CC&R's and by-laws before moving in? The HOA can restrict certain materials and paint colors to the OUTSIDE appearance of the home. That is NOT outside their scope or power. If you do go and violate the paint or materials restriction, they can remove it and send you the bill for it. If you don't pay that bill it can turn into a lien. Just so you know what can happen worst case.

Trying to play "hero" by buying a foreclosed neglected property doesn't make you any better than any other owner who has to pay their dues or obey the rules. It's just going to benefit you in the end when you sale the home for a profit NOT the HOA.

I would attend meetings when they have them. Present your plans to the board or ACC before you actually do the work to save some headache for you. The President represents the whole of the HOA. Don't listen to individuals in your HOA. They aren't following the rules or are subject to being in trouble to. Above all make sure your paying your dues. Protesting and refusing to do that will just result in possibly losing your home, getting a lien, and losing your right to vote.

Jay,

Based on that one example, I suggest:

1) Ask where it states in the governing documents that professional plans must be provided.

2) Request a hearing before the entire Board/Committee and explain the situation. Provide a pictures of the windows that are being replaced and what they are being replaced by. Identify the contractor who is replacing them and, if needed provide a copy of their license.

I would repeat as needed and previously suggested for the other issues. Take each issue one by one and simply address it in the same manner.

The President is not the decision maker. They are one vote on the Board. The Board is the decision maker.

So Jay tell us your first contact with the Board President was when you made contact with WHOM? for permission to do work on your property?

Do you have a MC if not then who is making the demands and how? In conversations or paperwork, e-mails?

And one piece of advice don't rely to much on "what you heard" those sources many times don't hold up.

Do you have open monthly meetings? Have you attended any? Do you know any other members of the Board? Why not plan to attend and ask why and how you are being made to supply information the guidelines don't seem to require.

You suggest the Presdient is making life tough for you. Is that the case and if so where are the other members of the Board on this? I would find out.

IF what you have represented is true something has prompted the President to hold you low regard. Just what might that be?

Sounds like you my have failed to fill us in 100%.