Harrasment by our HOA ?? Opinions please.

I think it is possible we are becoming targets for harrasment. We have lived in our HOA community for 2 years. About 10 months ago, I asked that a crew come out and assess our common area behind out house for landscape maintence. The HOA manager came out, looked at the problem, and said he would take care of pulling the brush out (fire hazzard) and relandscape the area. His crew never showed up and when I emailed him several weeks later-he went very wierd.

He was condecending in his emails, told me he didn't want to talk to me anymore-and abruptly ended all correspondence. The non clearing of the trees and brush is in direct violation of the CC& R's due to the blocking of our view which according to the rules our lot takes precedence over the houses below. The houses below do not want the trees cut, but here are alternatives that would add both privacy to them and give us back our view. I do not know why the HOA does not comply. I'm sure there is a reason, but I can't figure it out. I have asked but they will not give me a straight answer. The response I get is that I am right, our lo does take precedent over the bottom lot but they still are not going to remove the trees.

Several months later we were fined $250.00 for not getting approval for installing a wrought iron fence. Everything was done to regulation, we just overlooked the approval process. We asked for a hearing to appeal the fine, we overlooked submitting for approval because we had recently lost our dog to a coyote, and the recinding of the fine was denied. At this point it became possible we were being harrased and singled out.

About three months later (last October) that we got notice that the fence is the wrong color (Black) so my husband painted the fence the proper specified color. We have since realized the fence, since it faces no public area where it would be viewed can remain whatever color the homeowner decides as long as it's not a crazy hot pink. So we kinda laughed and just left it the approved color. It is amusing because all the fences in a row facing this common area are different color. All of these fences according to the CC&R regulation is in compliance.

At the beginning of this year I contacted our HOA to provide me with the minutes of our Archtectural meetings so that I would get a better understanding of why other common areas in our HOA is getting maintence but our area is being ignored.

The new Davis-Stirling Act (California Civil Code) Section 1365.2 part (i), sub-section (2), members are entitled to meeting minutes from committee meetings commencing January 1, 2007 and forward allows for me to observe and see where these dollars are being spent. The board and the Boards attorneys have all denied my requests for these minutes.

My thinking was to give them an opportunity to spend a little time on our common area- because it kind of embarassing when we have guests over and see it looks like a garbage heap.
Nevertheless they are not going to give the minutes to me without a fight.

Yesterday we are being informed we are in violation (again) and we need to restore the fence color back to black or be subject to another $250.00 fine.

I am at my wits end here. We have lived here for 2 years, we obey most of the rules and any violation is purely unintentional and recified immediatley.
I think it may be that we should look to getting legal counsil. I would like opinions please.
We are trying to enjoy our life here, and dealing with this HOA, we don't know what to do here.

DH: It appears that you are NOT being harrassed--just being told to 'follow procedure'.
--First, you state...'I asked that a crew come out and assess our common area behind out house for landscape maintence.The HOA manager came out, looked at the problem, and said he would take care of pulling the brush out (fire hazzard) and relandscape the area. His crew never showed up and when I emailed him several weeks later-he went very wierd...'
Why would YOU take it upon yourself to ask a 'crew' to come out & assess the community's (not yours) common area behind your unit? This is a matter for the Board/Landscape Committee/Prop.Mgr. to initiate--not for an owner.
--'The non clearing of the trees and brush is in direct violation of the CC& R's due to the blocking of our view which according to the rules our lot takes precedence over the houses below...'
Copy the CC&Rs portion that dictates this; take a picture of the overgrown area; send to Property Mgr. & ask when clean-up will be done according to 'CC&R regulations'.
--Several months later we were fined $250.00 for not getting approval for installing a wrought iron fence. Everything was done to regulation, we just overlooked the approval process....' Duh...
Obviously everything was NOT done to regulation--you just didn't GET APPROVAL! and you put up the fence anyway. This is a No-No. You say you lost your dog to a coyote and obviously you were distraught...but you did manage to add a fence. The Board was within their right & responsibility to fine you. Further, you should have IMMEDIATELY completed the ARC request or whatever method your community uses and submit it. By the way, did you pay the fine?
---'About three months later (last October) that we got notice that the fence is the wrong color (Black) so my husband painted the fence the PROPER SPECIFIED COLOR.... Yesterday we are being informed we are in violation (again) and we need to restore the fence color back to black or be subject to another $250.00 fine. It is amusing because all the fences in a row facing this common area are different color. All of these fences according to the CC&R regulation is in compliance...'
Before you painted the fence did you submit an ARC request and get approval for the color?

I strongly suggest you 'get with the program' and begin to follow procedure. These rules are set up for your benefit even though sometimes we as adults don't want to be told how to do something.
Since you have alienated the Mgr. and they won't speak with you any longer, write a 'nice' letter. Explain that you were wrong in not submitting a request prior to putting in the fence but you want to make things right.
What do you have to do?...Ask them to be specific and clear.
As far as the brush problem goes, do what is stated above.

Every owner is expected to follow any and all procedures set up by those in authority to do so; any owner in doubt of a process to follow, ASK before you DO. Good Luck!

PaulM,
What's with the harsh reply?

I agree with Paul's post. I would have written almost the same post. However, maybe not as harsh as some are taking it. It sounds like a person posting never been in a HOA before. I can see where they are making their mistakes. It's the harrassment claim that I have an issue with.
I've seen many posters claim "harrassment" because they get a notification letter of some kind. That simply is NOT harrassment it's NOTIFICATION. For example: If your neighbor gives you a letter telling you your TV is too loud and their baby can't sleep. Would you call that harrassment? It's notification. Harrassment would be if the neighbor put a letter every day on your door and did an act of threatening or intended violence toward you personally. Harrassment requires POLICE intervention and NOT a meeting.
Now we got that part of the post done... let's solve the issue. Requesting the crew to come out and give an opinion on COMMON AREA was NOT your responsibility to do. Your responsibility was to either write in or go to the meeting and request that a crew come out and review the situation. You could have volunteered to take the time to find a crew to come out with the board, but NOT go do the action yourself without approval. Simply because YOU do NOT own that common property. EVERYONE does. Which means a proper Majority vote to allow money to be spent on such projects. It's alot of "red tape" basically.
Now, how do you know your HOA can afford such work? Your assuming that the HOA would have money to spend on every request coming in. The HOA ONLY has the money the members give it. Projects must be evaluated, voted on, and put into the budget if they are to get done. Assuming that your HOA has the money is a big mistake. It can take months to years to get a big project completed. I've seen many homeowners get frustrated and hire someone to do the work. They think they will get reimbursed if they go on and do it. NOT TRUE. If the money wasn't there to do the project to begin with, it isn't going to be there when you submit the bill either. There are reasons why some projects don't get done and others do. Attend meetings and you will find out.
The ACC issue, is just the fact your HOA isn't run by professionals. It's run by opinionated volunteers. They change their minds. I would give them the notice you had about it NOT being black and see what develops. Sounds like a simple miscommunication there.

$250 for a violation of a formality is very steep and considering you are a newer member and it was your first offense and especially considering you acted upon your foremost responsibilty of protecting your property and family in a time of crisis, the board should have at least waived the fine and submitted a formal apology for not informing you of the potential carnivore danger in your area. Then sent out a member-wide notice informing all residents of the dangers and how to better protect themselves.

As a member of the HOA you have every right to report issues with the common area that are not up to snuff. Don't be intimidated by those who say you do not. For every one member indiscretion the board commits three with immunity. Keep that in mind when dealing with them. Find them and publicize them to the entire community. The board will lay off when you shine a light in their face.

Give an inch and they'll take a yard. Fight the good fight.

Thank you everyone for these responses. I am going go through them, and consider my responses to you, some to clarify. Again, thank you and I will respond soon.

Hi Brad,
Yes, I do feel we are being singled out because we asked that our common area be cleared and I cited the CC& R rules. Our HOA made it clear thet while they aknowledge the regulation exsists regarding the maintenence of the view, they simply are NOT going to comply with it in our case. Further they are now going to fine us $250.00 for the non compliance in getting approval for the fence.

On appeal, our argument was we did check to make sure we could put up the fence and what type, we just overlooked the approval needed due to us losing our dog in midst of all this.

They denied us on appeal and I feel it is due to us trying to get our view restored. We have paid the fine and moved on, I am not disputing the fine.

What I'm saying is now we can't seem to get the right color for the HOA and they have decided to make a new issue here.

Who is to say they aknowldege that the CC&R says the fence should be painted a certain color, but maybe they are not going to comply here either! Do you not find thet somewhat amusing?

The HOA was pretty nice when we moved here, but they have decided to try to make us miserable. I won't sue for harrasment, but it does feel like we are. We have never sued anyone EVER- for ANYTHING.

It's really sad because we paid alot of money for this house, we paid a premium for the view lot. We lived with an HOA in our last development and it was nothing like this. Our property taxes are sky high, there's no way we can move. Is this what HOA's a meant to do to people? I've have lost some repect for what they do now.

Another point can be taken that the HOA doesn't have anything else to do.
Do you know that my backyard faces no visible public area so why are they getting so whacked out? The only problem thay may have is that my color of fence is offensive to my neighbor who lives so far down the slope that he would not be able to make out the color with the naked eye.

It all goes back to my asking them to cut and clear out the trees.

All this because I asked to have a few trees and brush removed?
I appreciate everyone's comments here. This is a great forum where one can come get awesome ideas and points of view.

Thank you!