Issue with covenent violations

Started by CL2 • 7 replies • 1621 views

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CL2 (Colorado)
Posts: 2

Posted:

I am a renter in Loveland, CO. This is the second house I have live in in this neighborhood, so I am not new to the HOA here. My problem is this: It seems to me the HOA is picking on the home we currently live in. It seems pretty regular for us to get an HOA violation of one thing or another. They are petty things and most things are non existent. Our most recent one was for trash in our back yard and a "broken" table. There is no trash in our back yard, just a bunch of toys (I have 2 young children). The table is a folding table and is far from broken. I have talked to our landlord about this and she has said that the president has had it out for this house for about 4 or 5 years. He used to send out covenent violations once a week for a trash can left out on Monday evening. Our trash day is on Mondays. I have never had a problem like this before and I have lived in this neighborhood for 3 years.

How do I get the HOA president to stop "picking" on me? What will make him leave us alone? I'm tired of getting phone calls from my landlord about a covenent violation that is non-existent.

Another question I have, Can I find out if someone (ie: our psycho neighbors) is turning us in on these bogus violations?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Dear CL2:
You make no mention of the covenant documents or restrictions as specified in them. You need to refer to the covenant to understand the regulations on what can and cannot be left in the common area to the rear of your unit. As a renter, the owner should have provided you a copy, and if you do not have one, ask for it. Though we all look at the area to our rear of our units as our backyard, it really is not 'ours' as in private, it is common area.

It may well be that your documents state you are not to leave toys or table or other 'yard art, picnic gear, etc,' in the common area, and once your children are finished playing, you have to take the items inside.

Ask the Board/ARC Committee what violations you are specifically breaking so you have a better understanding of the rules/restrictions for this common area.

BradD2 (Florida)
Posts: 418

Posted:

As for getting him to stop you might want to confront them at a board meeting. Nothing puts a bully in their place like a public confrontation when they know they are wrong or being petty. Request that the homeowner grant you their proxy to make it all legal so they can't exclude you; you would then be the homeowner's representative.

Do you have a copy of the governing documents? You need to know what the rules say and determine if you are following them or not. It will also let you know where they are overstepping the bounds.

There is also a legal defense called "targeting" that can get situations turned around on boards. If a board is found to be "targeting" a group or house and not enforcing the same things on everyone then they may be liable.

You can probably can get the homeowner to request the information on who is reporting you and get copies of the meeting minutes for the last two years. As the homeowner they have the right to request all of that. Send the request certified mail to the President house and give him say two weeks to comply.

Other people on this board are from Colorado and might be able to offer additional advise.

JosephW (Michigan)
Posts: 882

Posted:

It sounds like the President had a problem with the owner, which could be one of the reasons the owner left and rented out the house, and you've been caught in the crossfire. You might just go to the next board meeting and ask him if this is the case. Point out that you've managed to live there for three years in another home without any problems, and don't understand what brought about the change. Neighbor-to-neighbor contact might ease the situation, or at least get you out of the middle.

Joe

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JM2 (Oregon)
Posts: 439

Posted:

Hi CL:

One option you might have, is to invite your neighbors over for coffee & cake, and drop a mention of the violation letters into the conversation; then watch for any reaction.

If there are other "similar violations" that are not being responded to, then there's an issue of harrassment by the HOA, except that you're caught in the middle between the BOD and your landlord.

If it's a backyard problem being reported and your back yard is not visible except from other Lots/Units, then you may be dealing with a neighbor's complaints, unless the HOA has a helicopter to verify compliance in back yards (I've been lobbying for a helicopter for years!) :-)

One thing you might want to consider, is inviting the HOA president over for coffee & cake whenever you receive a violation letter, so he can personally check things out. If there is a neighbor who's calling, this would be a way for him to review the situation without needing to send a letter. The BOD should be checking out any complaints before sending a letter, anyway.

Best of luck in this!

J. Patrick Moore, CMCA

CL2 (Colorado)
Posts: 2

Posted:

I do have a copy of the bylaws and there is nothing that says anything about toys, yard ornaments or any such thing. They aren't complaining about the toys. They are however complaining about trash that is non-existent. The same with weeds on the side of the house, which are also non-existent.

Thank you for all of your input, it's helping me get an idea of what to do.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

CL2:
Why not take a photo of the areas that are 'clean'--no weeds, no trash, debris, send it to the Board along with their violations to you and tell them the date the photo was taken and ask them if they have the wrong house.

CharlesW1 (Georgia)
Posts: 826

Posted:

Dear CL2,

I have read all the previously written posts to familiarize myself with your particular situation. I say that you first confirm that you are indeed being “targeted”, verify that others (your neighbors) are or should or shouldn't also be found in violation.

As mentioned, I too would suggest asking for the previously written minutes, these may discuss the alleged violation(s) on that particular property, you can see if they are indeed valid, with proof, or just actuations.

I would agree with what JM2 had written about whom may or may not be “blowing” you in. If your backyard isn’t visible from the street then most likely it is your neighbors, reporting you of such violation.

I know in my governing documents (Georgia) there is mention of the homeowner requesting a hearing before the board within 10 days upon receiving the violation notice to object to the violation, before being fined. You may want to check into that as well.

I would also as mentioned take PICTURES, by not proving that there is no such violation on your property, you are basically admitting you’re in violation. IMO.

I will verify any violation by taking a picture or two even three, with my digital camera as proof that the homeowner is indeed in violation. Without those pictures, I don’t feel the board has a chance, if this should happen to go to court. If they are saying they are not. I certainly wouldn’t want to wrongly accuse any homeowner. There is proof in a picture, time stamped is always recommended.

I would certain act on the above mentioned as soon as possible.

This discussion forum is loaded with plenty of people who are very familiar with the dos and don’ts of an HOA.

Best of luck
Keep us post

Chuck W.

Charles E. Wafer Jr.

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