MichelleL (Florida)
Posts: 16
Posts: 16
Posted:
I am the new president of Florida HOA with 170 homes. We are self managed and have four officers and three Board members. During our first two years we only sent violation letters out when we received a specific complaint from homeowners. I have always felt that this should not prevent the Board from their duty of enforcing the deed restrictions. However, the Board had never done anything to correct ongoing violations unless they are reported and signed by a homeowner.
Many homeowners do not want their name attached to a complaint and I can't say I blame them. We have not gotten a lot of formal complaints and Board members have stated if someone wants to make a complaint they can otherwise, too bad. We still have a good amount of violations-nothing too major, but our community is only about 4 years old and one would be hard pressed to know that we are a deed restricted community. We are a small two block HOA with no community sign at beginning or end.
We have started a committee to set up policy for a Neighborhood Review Committee or NRC The NRC would walk the community and look for ongoing violations. The only meeting that was held about creating policy, was held without this Board member who volunteered to chair it,being present and was disastrous. One committee member brought her "significant other" to the meeting (who was NOT on the committee)and he gave comments that were not appropriate for the purpose of the meeting. That was in early March and there has yet to be a new meeting announced.
A few Board members fear the "power" given to this committee. I say that we can no longer ignore violations that don't get reported. It is the Complaint Committee's job to look into the complaint that the NRC gives them, so we have checks and balances in place to make sure that a complaint is legit. We always take photos, too.
One of our Board and Complaint Committee members has been unhappy about this. He also has been unhappy because I have been reporting violations until the NRC is up and running. As president, my goal is to work on deed restriction enforcement. I recuse myself from any connection to the complaint other than making it. Now this person is saying:
.... that any member of a board or committee or their relatives, spouses, etc... should not make complaints. For many reasons one being you have to recuse yourself from the process thus leaving others to do your work. Another, there is a lack of transparency to the process. I would like to make a motion on this at the meeting.
This person has intentionally not followed Complaint Committee policy of sending out certifed return receipt letters when a violation has been determined. He verbally warns his friends and neighbors and no paper trail exists. He has also been upset when he suggested a "reminder letter" for a lawn that was below community standards and it was considered inappropriate because it was not within our policy.
So not only is he trying to take away the homeowners' right to report a violation, but he is inconsistent with established policy. This could leave the Board open to liability civilly and legally. He has been told that he must follow policy and not make exceptions for his friends.
I think that an Executive Session is in order to discuss his actions. I do not believe this should be done in front of the community. Does a lawyer need to be present?
Am I wrong in thinking that Board and Committee members should volunteer with the intention of working TOWARDS enforcement of all governing docs? Clearly this is not his intention.
Please help!
Many homeowners do not want their name attached to a complaint and I can't say I blame them. We have not gotten a lot of formal complaints and Board members have stated if someone wants to make a complaint they can otherwise, too bad. We still have a good amount of violations-nothing too major, but our community is only about 4 years old and one would be hard pressed to know that we are a deed restricted community. We are a small two block HOA with no community sign at beginning or end.
We have started a committee to set up policy for a Neighborhood Review Committee or NRC The NRC would walk the community and look for ongoing violations. The only meeting that was held about creating policy, was held without this Board member who volunteered to chair it,being present and was disastrous. One committee member brought her "significant other" to the meeting (who was NOT on the committee)and he gave comments that were not appropriate for the purpose of the meeting. That was in early March and there has yet to be a new meeting announced.
A few Board members fear the "power" given to this committee. I say that we can no longer ignore violations that don't get reported. It is the Complaint Committee's job to look into the complaint that the NRC gives them, so we have checks and balances in place to make sure that a complaint is legit. We always take photos, too.
One of our Board and Complaint Committee members has been unhappy about this. He also has been unhappy because I have been reporting violations until the NRC is up and running. As president, my goal is to work on deed restriction enforcement. I recuse myself from any connection to the complaint other than making it. Now this person is saying:
.... that any member of a board or committee or their relatives, spouses, etc... should not make complaints. For many reasons one being you have to recuse yourself from the process thus leaving others to do your work. Another, there is a lack of transparency to the process. I would like to make a motion on this at the meeting.
This person has intentionally not followed Complaint Committee policy of sending out certifed return receipt letters when a violation has been determined. He verbally warns his friends and neighbors and no paper trail exists. He has also been upset when he suggested a "reminder letter" for a lawn that was below community standards and it was considered inappropriate because it was not within our policy.
So not only is he trying to take away the homeowners' right to report a violation, but he is inconsistent with established policy. This could leave the Board open to liability civilly and legally. He has been told that he must follow policy and not make exceptions for his friends.
I think that an Executive Session is in order to discuss his actions. I do not believe this should be done in front of the community. Does a lawyer need to be present?
Am I wrong in thinking that Board and Committee members should volunteer with the intention of working TOWARDS enforcement of all governing docs? Clearly this is not his intention.
Please help!