What are the Homeowners Rights?

I would Really like to get some help with this situation. For the last 3 years I have been trying to get the BOD to follow through with reported violations. We have one homeowner that has let his yard die. Completely dead after not watering for 3-4 years. We have another homeowner that has both graffiti and broken fence slats in his yard. I reported this a year and a half ago. You have to drive by both of these situations coming into our neighborhood. I have asked both the property manager and the board members to have these violations corrected over and over again. I asked if we have a policy in place with time frames for compliance and I was yelled at. What I get back from all of them are excuses without any action. I sent one board member an email the other day requesting the right to come to the next board meeting to discuss what has to happen in order to get violations corrected. Below is the response I received from that board member.

--------------------------------------

2. The Board is taking up the violation matters in the next meeting and will provide you minutes outlining all matters pertaining thereto including historical and intended future actions. We are mindful of your concerns and suggestions for resolution. At this time your attendance will be deferred.

-------------------------------------

So now I'm being told they will have the discussion but I'm not welcome to participate. My question is as a homeowner don't I have the right to be in that meeting. They know I'm concerned and they know I have ideas I want to propose. I don't want the minutes I want to be involved in the conversation.

My expectations are that they follow through on violations. On any given day you can drive through our neighborhood and find 1/3 of the homes have there garbage cans in plain view. Our board doesn't really want to enforce, so when homeowners complain they eather ignore the complaint or make excuses why they won't enforce. I want to go to the board meeting to discuss. My question is don't I have that Right?

> At this time your attendance will be deferred.

Well we all know that things are different in Utah. But USUALLY owners are entitled to attend any board meeting. USUALLY they are entitled to speak during a portion of the meeting. The board can meet in executive session but only for a good reason.

Mike

I think a number of us have been in your type of situation in one way or another. Some probably came to this site looking for some answers. Your last question, "Does anyone know what the laws in Utah are in regards to these meetings", is something you will need to do some homework.

You'll need to read and understand your CCRs, Bylaws and Rules and Regulations. You'll then need to find the laws that pertain to your state for your particular type of community. The resources are actually on this website, but Google is also a powerful tool, if the right question is asked of it.

There is an old adage, "if you want something done, you may have to do it yourself". This now may hold true in your instance. It may be time to claim a seat on the Board. To effect change, you may need a coalition of like minded members and you may need to run on a slate to insure a majority voice.

Generally, all CCRs give the homeowners the power to enforce the restrictions stated within the CCRs. You have the option to file something in a court of law trying to force the Board to enforce what they are supposed to enforce. It will be on your dime, and you could ask the court to reimburse, but there is no guarantee. IF, the violation is only part of the Rules and Regulations, then only the Board has the authority to enforce.

Bottom line, it may be time for you to step up to the plate.

MikeR,

YOU, personally, are free to bring legal action DIRECTLY against any member(s) who are in violation of the recorded covenants.

Quit whining and take personal responsibility for YOUR perceived 'wrongs'.

John B.

MikeR,

Based on a bit of quick googling, apparently Utah does not currently require HOA Board Meetings to be open.

See the below links:

http://www.communityassociationconsultantsonline.com/2012/11/open-meetings-for-community.html

An excerpt:

Thursday, November 15, 2012
OPEN MEETINGS FOR COMMUNITY ASSOCIATIONS (HOA). A DISCUSSION
The Utah Chapter Community Associations Institute Legislative Action Committee is proposing a Sunshine Law for community association board meeting for the 2013 session. We think it is long overdue, but we want to know what you think. Sign up for this blog and post a comment, or email us. Let us know if you are an association board member, owner, manager or attorney.
---------------------------------

http://www.utahlac.com/wp-content/uploads/2013/10/Open-Meeting-Leadership-Luncheon-Materials1.pdf

From the first page:

Community Association OPEN MEETINGS WHO, WHAT, WHY?

An in-depth and interactive panel discussion of legislation to be proposed by the Utah CAI Legislative Action Committee in the 2014 General Session.

And further on:

UTAH PROPOSED OPEN MEETING LAW – VERSION 5
TO BE PROPOSED WITH A DELAYED START DATE – JULY 1, 2015.
----------------------------------

If you have not already found it, I believe that this will take you to the Utah Statute for HOAs:

http://le.utah.gov/UtahCode/section.jsp?code=57-8a
-------------------------------

Mike,

This link might be helpful to you. It is a blog from an Utah attorney: http://rkwlaw.wordpress.com/

Board meetings are NOT required to be open to the members. They are recommended to be, BUT not required.

Mike,

One thing that many members of Assocaitions don't realize is that although the CC&Rs authorizes the Association to enforce the covenants (just as it authorizes any member to enforce them) there is typically no requirement mandating that the Association enforces the covenants (just as there is no requirement that members enforce the covenants). Please note, there is typically a requirement that members comply with the covenants.

If your Association has a Board that doesn't enforce the covenants, I see the following options:

1) Enforce the Covenants yourself (this would require you to file legal action for a court to order the violator to comply). This can be expensive and likely won't make you many friends, which is why many members simply refuse to exercise their own authority and prefer that someone else (the Association) does the enforcement for them. Another option along the same line would be to gather support from other members and file legal action as a group. This will allow the expenses to be shared.

2) Volunteer to chair an enforcement committee. Perhaps those who are volunteering to serve on your Board simply don't have the time to go through the enforcement process. Volunteering your time to be part of the enforcement process may sway the current Board to start enforcing the covenants. Again, you may not make many friends but the financial expense (if any) would be paid by the Association.

3) Replace the Board. Gather support from others in the community and either recall the Board or simply vote them out at the next election and replace them with members who are willing to enforce the Covenants.

4) Assist the Violators . Perhaps the individuals in violation simply don't have the resources, health or time to address the violations. Being neighborly and offering to assist (for example help instal an automatic sprinkler system for the neighbor with the dead lawn) may be the simplest way to address the issue. You may even make friends using this option.

5) See if local government can enforce. Depending on the violation, the issue may also be violating local zoning, health or other county codes/city ordinances. Simply do some research and contact the proper authority to file a complaint.

6) Live with it If you don't want to exercise your option to enforce the covenants, are unable to gather support to get the Association to enforce the covenants, don't want to volunteer your time to be either the enforcer or the neighbor and the violation doesn't trigger enforcement from the local government, you may simply have to live with the issue.

7) Move Although typically an unrealistic option. Moving and renting or Selling and moving is always an option.

I know that this likely isn't the advice you were hoping for. I hope it still helps.

Tim