Help for addressing property condition

Started by SusanB28 • 5 replies • 1394 views

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

⚡ Takes 30 seconds

Already a member? Log in

SusanB28 (South Carolina)
Posts: 2

Posted:

Our Neighborhood of 86 single family homes has a HOA and is governed by By-Laws and Covenants. The Covenants were originally written 29 years ago with one revision for satellite dishes in 1996. The majority of the covenants address new home construction and structural changes. We now have a few homeowners who have begun to let their houses and yards deteriorate to the point of concern that property values may be affected. Several neighbors have attempted to discuss the issues with the homeowners without success. A group of neighbors have asked the board to update the covenants to provide some type of requirement for maintaining property (and then of course to enforce them). We (the board) have struggled to find examples of this type of covenant and there's been discussions of how you assign measurements to peeling paint, weeds taller than the landscaping, mildew on the siding, etc. How would the enforcement work? Could the HOA contract the work out and send the bill to homeowner for payment or a lien placed on the property for non-payment? Does anyone have an example or successful process for maintaining the condition of the neighborhood?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By SusanB28 on 07/14/2013 7:43 PM

how you assign measurements to peeling paint

property shall always be maintained in a manner: (i) providing for visual harmony and soundness of repair; (ii) avoiding activities deleterious to the aesthetic or property values of the Property;

Quote:

Posted By SusanB28 on 07/14/2013 7:43 PM

weeds taller than the landscaping

Contact County Health Department as they typically have county codes on height of weeds/lawn in order to minimize rodents.

Quote:

Posted By SusanB28 on 07/14/2013 7:43 PM

mildew on the siding, etc.

property shall always be maintained in a manner: (i) providing for visual harmony and soundness of repair; (ii) avoiding activities deleterious to the aesthetic or property values of the Property;

Quote:

Posted By SusanB28 on 07/14/2013 7:43 PM

How would the enforcement work?

As you would any other violation.

Quote:

Posted By SusanB28 on 07/14/2013 7:43 PM

Could the HOA contract the work out and send the bill to homeowner for payment or a lien placed on the property for non-payment?

We have been advised by our attorney that the Association should not enter any property to inspect or perform repairs without permission of the owner. Additionally, repairs should only be limited to items that cause an immediate safety concern to others.

Quote:

Posted By SusanB28 on 07/14/2013 7:43 PM

Does anyone have an example or successful process for maintaining the condition of the neighborhood?

Our Association has an annual inspection that is pre-announced. Violations are noted and the member is given time (anywhere from 15 days to one year) to bring the issue into compliance. Failure to bring the issue into compliance is treated as any other violation of the covenants.

Questions:

Are you on the Board or just a concerned member?

If the covenants don't exist and the issue is as bad as you make it sound, how likely do you think an amendment would be adopted by the membership?

As a neighbor, have you talked to these individuals and offered assistance?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Susan

I think a closer reading of the covenants might reveal some general wording like up to "community standards", etc. If so, then no need for amendments. Just commence enforcement.

Look closer. I expect something can be found.

Hope this helps.

JeanneK3 (Maryland)
Posts: 562

Posted:

Susan:
Do you have a Board of Directors? Or a Management Company? If so, they are not doing their job. One or the other should be inspecting the property regularly, taking pictures of violations and sending out letters to homeowners saying the violations must be corrected or there will be sanctions/fines. Do your governing documents allow for fines?
Jeanne

CarolR11 (Colorado)
Posts: 2,563

Posted:

Susan do you have a schedule of fines or monetary penalties for other types of infractions? Do your CC&Rs or bylaws permit fines?

Put another way, how does your HOA deal with other types of violations? It's possible that your have the latitude to simply add rules & fining schedules without a vote of the owners. But this depends on your other documents.

SusanB28 (South Carolina)
Posts: 2

Posted:

Thanks all for your help! We do have a board of directors and I am on the board. I have not tried to address these particular issues but have heard others in past years have. I have addressed issues of trailers and pods being parked in driveways within sight and the homeowners have complied with the requests to correct. The only thing we have taken legal/monetary action on is the non-payment of required annual dues. We currently have 2 homes with multiple year liens on them - but these are not the problem homes.
I've looked over the covenants again and did not find any general condition clause but hope to use those suggested. I have a attached a copy of our covenants - modified to remove names.
I like the idea of planned inspections - this may eliminate the issues of people feeling like they're being picked on and gives them an opportunity to fix issues in advance of inspection.

📎 Attachments (1):

⏸ Downloads temporarily unavailable

📝1715253567671.doc(40 KB)

🎯 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