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LakoH (West Virginia)
Posts: 2
Posted:
Hello all this is my first post

We live in WV and we moved in a new community that was 1/2 finish. All lots are sold, still need to build 3 more homes and sell 2 homes . We moved in the house Oct and 2 weeks laters, we put up our plastic grey shed that is about 7x5. the BOD did not take place until middle of Jan 07. Back in Dec we had a small pre HOA meeting and one of the future BOD's was there and he said your shed should be fine. At this pre HOA meeting, someone said management will send you a letter stating you have too many weeds (I said then he walked in my yard). They said he can't because it's private property (we all bought lots). Then how would he know I have weeds

Our neighbor just got his fence installed and he didn't do the design or inform management. By time this guy leaves for work and gets home the office is closed)he can't long distance from work. He told dh he got home early the other day to call the management company and he was told the BOD (president), had already informed him about the fenece and he would have to be fined and his fence is to higher than 3 feet and it would have to come down. In our HOA Reg it states nothing higher than 5 feet (it's 5 feet).

Two days letter we get a letter that we were not in compliance with the regulation. My dh sent the management a email and 2 phone calls which have gone unanswered.

What do you all think we should do?

Here is the letter:

"The association may adopt such needufl and necessary fule and regulations to aid in the enforcement of these covenenats including such fines and penalties as are appropriate. Any fine or penatly shall have the same frorces as a lien of assessment. Members shall be given due notice and a right to be heard as set forth in the bylaws shall be given prior to the assessment of a penalty or fine. FINE FOR VIOLATION: By resolution, following notice of hearing, the Executive Board may levy a fine of up to $25 per day for each day that a violation of documents or rules persists after such notice and hearing"

This was typed in " Please find this letter as notice that a fine of $50 will be assesses to the property located at (my address) in 10 days from the date of this letter, for failure to complete the appropriate forms required for changes or additions to the outside of your property. A $25 fine per day will be levied if after the 10 days the ARC form is not returned and completed for this change."

The (deadline is Marh 23). This guy is talking about the form (what form)? A copy of this is in the file and it also went to the BOD.

We also received another letter stating that if want to do any changes (landscaping, adding screen doors, decks, porches, sidewalks, we must get permission). You can not change anything to the front of your home (most of us don't have screen doors). Most of this community has gas a fireplace, so you drive by and you see the tanks. The builder said he will build a fence to hid the tanks,trash cans. The builder has not finished building all homes nor finish building all fences for tanks.
In the HOA forms it states tanks /trash bins must be out of sight and in that letter it states this and if it's not taken care of we will be fined. I'm like this guy is getting out of hand. When I had my 120 day inspection I asked the builders rep about the fence and she said once the weather breaks they will finish rest of the homes.

Did not mean to write a book (smile)
Thanks all
Lako
RogerB (Colorado)
Posts: 5,067
Posted:
Lako, you asked "What do you all think we should do?" You probably agreed to comply with the CC&Rs at closing and may not be aware of it. You need to read your controlling documents, in particular the Declaration of CC&Rs, and comply with them. Get all approvals in writting from the Architectural Committee before doing any modifications to the exterior of your property. That way if you are in doubt or if the HOA has failed to provide all controlling documents you are still covered. A verbal comment from another owner or Board member does not constitute approval.
JoeW1 (New York)
Posts: 728
Posted:
LakoH - CC&R'S (convenants, conditions, and restrictions) are part and parcel of an HOA. You should have them, or get them from the MC and comply. However, were you provided a right to be heard prior to March 23, the letter you received said you shoud get a hearing? If not, I'd pick up and complete the form for modification, quickly send it back with a letter requesting a hearing in private session with the BOD.

HaroldS1 (Arizona)
Posts: 314
Posted:
Lako - Here is the West Virginia common interest 36-B laws. http://www.legis.state.wv.us/WVCODE/36B/masterfrm2Frm.htm Harold

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