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DaveD3 (Michigan)
Posts: 796
Posted:
We're a small association of detached condos and this is the first we've run into a situation where it looks like we'll need to possibly exercise our authority to correct a violation. Previously, we've been successful with violation notices and a fine or two in order to gain compliance.

We have an owner that seems to have quit caring. Told me he's "just not feeling the neighborhood thing anymore", whatever that means.

So we're working through our procedure of letters & notices, and we're pretty much at the fine assessment stage. Naturally, we also have the authority to enter upon his unit to correct the violation (mow the lawn). Then we would have the joyous task of seeking reimbursement from the apathetic.

Any experience with such a situation?
JeanI (Louisiana)
Posts: 112
Posted:
Yes, read your bylaws to determine what authority the board or ACC has in this regard. In any event before you go on someone's property, the board needs to send notice of the rules infraction and state the penalty for non-compliance.
NpS (Pennsylvania)
Posts: 4,216
Posted:
If there are no restrictions on what you can do and he's no longer into the neighborhood thing, I would:
- hire someone to mow it.
- bill him for the mowing.
- file a mechanic's lien if he doesn't pay.
- repeat as necessary.
In my view - much preferred to fining.

Sikubali jukumu. Read all posts at your own risk.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Seek a court injunction to force contract / covenant compliance.

Y'all will only need to do this ONCE as it will send a clear message that the CCRs are actually enforceable by act of law.

Said law backed by Law Enforcement if court order disobeyed ~ you go back before the judge and he issues an arrest warrant for non-compliance.

BUT

Be wary of false reports leading to false arrest.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Other options:

1) wait for the grass to get 1 foot or higher. Then call the health department. He will likely listen to the city/County more than the Association. Note: height of grass/weeds varies by County/State on when they will act.

2) As a neighbor, mow his lawn.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
ps.

the corporate bylaws have NOTHING to do with this issue

only the covenants and restrictions would apply
DavidW5 (North Carolina)
Posts: 565
Posted:
We have a provision in our governing documents for a Resident Action Program (RAP) that authorizes the association to remedy the violation and add the cost and an administrative fee to the owner's account. We generally only use this program on homes that may be going through foreclosure. There is often little likelihood that we will recover these expenses but we consider it a reasonable expense to prevent abandoned or neglected yards from pulling down general property values in the community.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By TimB4 on 07/11/2014 11:45 AM
Other options:

1) wait for the grass to get 1 foot or higher. Then call the health department. He will likely listen to the city/County more than the Association. Note: height of grass/weeds varies by County/State on when they will act.

2) As a neighbor, mow his lawn.

1) This is a generally rural area, not in a city. Nobody to call that would care, and nothing for them to use as leverage if they did.

2) Nope. His next door neighbor mowed part of his lawn as a friendly gesture years ago. Received a rather nasty letter in the mail from him shortly thereafter.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By JohnB26 on 07/11/2014 1:15 PM
ps.

the corporate bylaws have NOTHING to do with this issue

only the covenants and restrictions would apply

That's a broad blanket statement that is not necessarily true.

In our case, we have 2 primary sections to our documents
Master Deed: Definitions, what's what, general description of owner vs HOA responsibilities, easements, etc...
Bylaws: Defines the HOA, arbitration, reconstruction & repair, and RESTRICTIONS, then the details on how the corporation is to be run
The can-do/can't-do stuff is nearly 100% within our Bylaws

KerryL1 (California)
Posts: 14,550
Posted:
Very interesting, Dave, Like JohnB I too thought bylaws didn't contain what's in a lot of HOAs called Rules & Regulations. Ours also are a governing documents, but in CA and some? many? other states they're much easier to amend, add onto, etc. than bylaws.
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By NpS on 07/11/2014 9:27 AM
If there are no restrictions on what you can do and he's no longer into the neighborhood thing, I would:
- hire someone to mow it.
- bill him for the mowing.
- file a mechanic's lien if he doesn't pay.
- repeat as necessary.
In my view - much preferred to fining.

NPS, what happened to the neighborly way of doing things you state in other threads? You've stated that you would prefer to help the neighbor with a disability, but yet without any other explanation with this post, you are ready to throw the book at them. AN HOA board can't be choosey. That will lead to a lawsuit when an HO decides they've had enough of your picking an choosing what you enforce.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By NpS on 07/11/2014 9:27 AM
If there are no restrictions on what you can do and he's no longer into the neighborhood thing, I would:
- hire someone to mow it.
- bill him for the mowing.
- file a mechanic's lien if he doesn't pay.
- repeat as necessary.
In my view - much preferred to fining.

This does 2 things:
1) Gets his lawn mowed for free
2) Adds to the HOA's accounts receivable

He can kick back, relax, not pay a dime and let the liens pile up while the HOA foots the bill.

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