HOA claiming violations long after

Started by LizD1 • 4 replies • 1356 views

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

⚡ Takes 30 seconds

Already a member? Log in

LizD1 (Illinois)
Posts: 1

Posted:

My BOD has a reputation for selectively claiming violations in an untimely manner. For example, one of my neighbors has a personally owned pickup truck (white) with a "commercial" logo on the side doors which he covers with a vehicle magnet (also white) and has been doing so for the last 6 years of residency. It was just last month that he was threatened with fines for having a ("unattractive") commercial vehicle parked in his drive. His vehicle is pristine and he has never been approached by the board on such a matter in the 6 years he has lived here. Also, there is now (all of the sudden) an issue with storm doors. Myself and a few other neighbors are now in question for having storm doors that are not part of the HOA's preapproved list. BUT, they have yet to produce a copy of the list of pre-approved storm doors and all these doors have been in place for over a year! So, here's my question: Is there a time limit on situations such as these? Can a BOD claim violations years after exterior additions, and/or personal property have been in existence?

Thank you in advance for your input.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Your problem...New board members...Remember boards members change out every year or every few years depending on term allowances. So six years ago you didn't have this anal windbag reviewing every person that lived in the HOA. You now have.

The best bet is to attend meetings and state that these violations have been going unnoticed for several years without issue. Is there a new starting point we can establish for future violations instead of past ones that have been in existance for years? Plus does your HOA even have a fining schedule to issue fines? That needs to be established before fines can be levied.

However, understand the HOA can still enforce the rule violations even if you feel they are selective. All HOA violations are selective in nature. You don't know how each one is being handled. So someone may be leaving their commercial vehicle out in the open but racking up fines out the wahoo. It's all subjective.

Former HOA President

TimB4 (Tennessee)
Posts: 21,061

Posted:

Liz,

As for the truck, that is an issue between your neighbor and the Board. My Board used the magnetic coverup as a compromise. However, unless there is something in writing, each Board would be allowed to interpret the rule as they desire (providing they interpret it the same for all members).

As for the storm door, I have a couple of questions:

1) Was the door on the home when you purchased the property (you never replaced it)?
2) If you installed the door, did you request and obtain prior approval before installation?

Tim

BradP (Kansas)
Posts: 2,640

Posted:

Liz

Long story short unless you obtain permission in writing from your board for exterior changes you run the risk of this happening especially if it isn't according to the covenants. Now, six years later you probably have a good argument that the board has "accepted" the change but that is a pretty big chance to take.

Tim is right on the truck, if you have a no commercial vehicle clause he technically is in violation.

I don't know that I approve of the way your board is going about it but not sure they are technically in the wrong with the information we have been given.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Liz

Magnetic coverups aside is it "obvious" the truck is a commercial truck as in ladders, racks, piping, etc. hanging off of it?

That became an issue in one HOA but as we all had garages the answer was park it in your garage. End of story.

🎯 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