Property Mgr Out of Line?

Just pondering this... We were being "threatened" by the President of my HOA to build our fence to code. Meanwhile, both the President and Treasurer are out of compliance with the CC&Rs and county code. The Board advised us that if we did not complete our fence by March 20 they will fine us $50.00 a day. The Board also advised us that someone (not a board member) contacted the County to advise them of the March 20th due date. I have emails verifying that the Property Manager of our HOA is the one who did this. Also, the President in an email (inadvertently forwarded on to us) advising the Property Manager to go ahead and file a complaint on behalf of the Board concerning our fence even before the March 20 deadline. Bear in mind, we always advised the Board that we were going to meet county code regardless. We have had bad weather and my husband also had an emergency root canal (my husband built our fence).

If the Property Management company has let other several communities it manages get away with county code, why are we being attacked by these hypocrites? Is this enough to hold them for "discrimination," "threats" and "harassment?" They are so over their heads, that we advised them they cannot fine us for county code; it is neither in our bylaws, rules, or CC&R's. It is a county issue, not an HOA issue. Also, nowhere in our Rules does it state fining $50.00 a day. The rules state they can fine a second violation at $50.00. What's up

Regardless, my husband met county code before the deadline. We're just tired of this hypocrisy.

Any advice?

Cathy:

If the fence has been completed in time and they are not after you I would let it lie where it is. Many times if you push an issue it can make an unsavory board nitpick things with you and make your life a little harder.

If I had been you and I had received the email that was accidentally forwarded to you I would have simply replied that you were aware and appreciate their concern and have every intention of completing the fence within the county codes, and that you have discussed this with the county and they are comfortable with your position. I would have also added that if there is anything related to the HOA that we need to be aware of to please let us know.

CathyT1:
By your post, it is unclear as to where the problem lies. Has your structure received appropriate Arch. Committee approval?
If so, you have nothing to worry about.

If the County is involved in that your structure has to meet county code, the Board has no jurisdiction over County requirements. It is the county that must inspect and approve what you have installed. If you are in compliance, your responsibility is met and you have probably been issued something stating as such.

Now, I just learned that the Board approved the Treasurer's Arbor (even though it is against CC&R's and County Code) a month ago. Meanwhile, in the process, they were making us cut down our fence to meet county code and threatening $50.00 a day fine. Where's the justice?

Is this discrimination and/or harassment? The board has it's own personal agenda, and not looking out for the community. I am so angry and disappointed. Sue??

That's the thing...we submitted our ACC application and it was approved. The Board had a bone to pick, because I called out the President as a liar, which email documentation backing me up (just only shown between him, me and the treasurer), so they forced the county code on us; in the meantime, the Treasurer has an arbor that exceeds height limit (pursuant to CC&Rs) and setback requirements for county code. The only reason I know the county code is that we were looking into having an arbor placed in our yard as well. As you may have noticed in my above messages, the board went ahead and approved her fence and arbor a month ago, while fighting us with our fence and county code issue. Meanwhile, the treasurer never submitted an ACC application for her fence or arbor to begin with. Go figure?