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LauraS5 (California)
Posts: 2
Posted:
Ever since we denied paying for damage to the exterior of an owner's unit (exterior of an owner's unit is the owners' responsibility per our bylaws and validated in a previous lawsuit), we have received countless complaints via email sometimes up to 5 in a day about violations he has seen or other issues. He claims that we are not taking enough action to stop these violations but every time he complains we send out a notice or fine depending on the schedule. We have many residents who don't care about the rules and will continue to violate them. He is now trying to get us to accept mediation and has contacted the police numerous times. He has most of the other owners and residents complaining about him and does as much as possible to cause problems. It is turning really ugly via email but he avoids talking to us in person outside the meetings and is respectful during the meetings. We have asked him numerous times to send his complaints to our property manager via mail instead of emailing the board but he does both. Is there anything we can do to stop all these emails? Could his emails be construed as harassment?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Dear homeowner,
We no longer accept emails for violations or correspondence on any matter. Please use USmail for future correspondence.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Could his e-mails be considered harassment - sure.
However, even if it is harassment, the Association should respond to every violation reported with what was done.

A simple e-mail reply is all that's needed. Something like - Thank you for your interest in the community. The Association will investigate the alleged violation and take appropriate action.
MatthewW4 (Arizona)
Posts: 500
Posted:
What did you expect? Rightly or wrongly, your board cited the rules to deny his request. So now that your board invoked the rules against him, he is merely asking that you enforce all the rules against all others.

By your own admission, "We have many residents who don't care about the rules and will continue to violate them." Whose fault is that, Madam Board Member? If you are going to have rules you cannot expect to enforce them selectively without some repercussions. What you are receiving is the direct consequence of enforcing one set of rules against one owner while letting other owners violate other rules at will.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 04/23/2013 12:33 PM
Could his e-mails be considered harassment - sure.
However, even if it is harassment, the Association should respond to every violation reported with what was done.

A simple e-mail reply is all that's needed. Something like - Thank you for your interest in the community. The Association will investigate the alleged violation and take appropriate action.

...and I am the one often advocating/explaining what benign neglect is......LOL
LauraS5 (California)
Posts: 2
Posted:
Quote:
Posted By MatthewW4 on 04/23/2013 2:40 PM
What did you expect? Rightly or wrongly, your board cited the rules to deny his request. So now that your board invoked the rules against him, he is merely asking that you enforce all the rules against all others.

By your own admission, "We have many residents who don't care about the rules and will continue to violate them." Whose fault is that, Madam Board Member? If you are going to have rules you cannot expect to enforce them selectively without some repercussions. What you are receiving is the direct consequence of enforcing one set of rules against one owner while letting other owners violate other rules at will.


We are doing our best to enforce the rules but fines and written notices don't seem to be doing the trick. We truly are not selectively enforcing them its just that none of the board members are there all day watching for violations. We enforce when we see them or when we receive a complaint. He has been daily submitting complaints but in addition stating that he is frustrated that his complaints are not getting any action despite us telling him that we are sending notices or fines to those who he has listed as violators (and we are actually sending them). But honestly I don't think that even if we had the violations down that he would be satisfied. He seems to find other things to be upset about and to blame us for. For instance, he has seen nasty letters that were mailed out to all residents by someone who is upset with him for "tattling on them" about enforcement. He has asked us to stop children from playing in the common area. I get the impression that he is trying to bully us into paying for his exterior damage as he has brought it up a couple of times since we denied his request, often in the same email as his complaints.

Maybe I should be asking, does anyone have an effective way of enforcing rules like not leaving trash cans in the common areas and not parking in the fire lane? We have tried fines and warnings but neither seem to work. This upset owner whose request was denied, sends us emails every time he notices a violation even if that means he is send the same info 5 times in one day about the same person parking in the fire lane. Are we supposed to fine that person 5 times within that day? If someone leaves their trashcan in the common area all week are we supposed to fine them for each day the trashcan is in the common area?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Fire lane? I'd just call the police. They will definitely handle the fire lane issue and I'm willing to bet that person will never violate it again. They may even tow it, impound it and fine him.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Yes, Laura. Call the police on fire lane violations and explain your problem why you need police help. They'll gladly serve.

Regarding trashcans....you can issue fines OR you may do as my mothers town homes do....orphaned trash cans get rolled to the far end of the property into a trash can corral for later pick up. After all, the can is in the common area and the common area, by rule, is to be kept clean. Some towns have ordinances on this as well.

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