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KateS1 (Michigan)
Posts: 6
Posted:
Hi!

I recently moved into a new home that is part of an HOA. The builder didn't do a good job with the landscaping and didn't properly grade our yard. It hasn't been a fun experience for me, with lawyers and whatnot. But what is making it worse is I have an HOA advisory member who is being very....sneaky. There's been 2 occasions where she/he has made a big deal out of something that could have easily been solved by knocking on my door and having a quick conversation.

Let me be clear - I'm not trying to shirk my responsibilities here. I just wish they were communicated in a way that didn't feel like a total invasion of my privacy.

Occasion 1: Our builder did not properly grade our property, and there were was some serious erosion going over the sidewalk. I was aware of this and had worked with my lawyer to divert a substantial amount of money into escrow at closing until the builder fixed this. But I couldn't delay closing due to other reasons. Since the permit was in the builder's name, any violations from the city/county would go to them, not me. After closing, I got a couple of violations from the county, but I cleared with them and my lawyer that they were the builder's responsibility. Nonetheless, the big violation signs would remain on my lot until the problem was fixed. 3 weeks after I closed, I was moving in. I was sitting on my front porch waiting for the moving truck to arrive, when the county water commissioner pulled up. He told me he had received a call from my HOA letting them know that I was home (since someone saw me on the porch), so he came over to tell me I had to fix the lot. I reminded him of what was going on, this was in the builder's name, you need to contact him, here is my attorney, etc., and he commented he was basically just here because someone from the HOA is calling and complaining every day. I'm a little agitated because someone was specifically waiting to see when there was a person home, and when they saw me, instead of coming over and asking, "What's happening with your lot here?", they called the county. I just feel like I'm being spied on.

Occasion 2: When our builder finally did fix the lot, they put the discharge pipe from the sump pump into the street, which is against our HOA bylaws. I was calling around for estimates to get someone to bury this, when I received an email from the HOA president. They received a complaint from an "HOA advisory member", and enclosed 15 (yes, fifteen!) photos taken of the pipe from different angles on my property. Whoever took this was all over my yard taking pictures. Now I'm even more agitated! A simple call or ringing my bell, explaining to me that it had to be moved while I was waiting to get someone to bury it, and I would have moved the pipe. But to wait until I'm not home, then trespass on my property, and taking an obscene number of photos to demonstrate a violation that was visible from the street... I don't know, I really feel violated here.

Both of these issues, I want fixed as much as the HOA. I'm not unreasonable, and would be happy to share with anyone who asks on where we are with resolving them. But I would like to communicate back to them that this sneaky behavior really is unnecessary, and is making me uncomfortable.

Thanks for reading. Just really upset that I have been in a new neighborhood for a month, and I seem to have my own personal spy/stalker.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kate,

Had you informed the Association of the problems you were having with the builder before the inspector from the city talked to you? If not, communication could have been better from you as well.

Have you informed the Association of the issues now?
KateS1 (Michigan)
Posts: 6
Posted:
Hi Tim - yes the HOA was aware of the issues.
KateS1 (Michigan)
Posts: 6
Posted:
And to clarify - I don't think it is the HOA itself that is the problem. It is someone who is only identified as an "HOA Advisory Member" who has taken it upon themselves to call inspectors, take pictures, etc.

I really want to ask the HOA to put a leash on their busybody, but I don't want to ruffle any feathers!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Invite neighbors to a house warming party.
Then at the party, explain the issues you have been having with the builder and how they are being resolved. This way, if it's one of them, they will be aware of the issue. If it's not one of them, the word may spread.
KerryL1 (California)
Posts: 14,550
Posted:
First, I've been reading this forum for 2-3 years now and have never heard of an "HOA Advisory Member."

You mentioned that you heard from the HOA board president. Find our more about your Board of Directors and then politely ask to meet with the president to discuss this persons' role. Was s/he elected by the Board? Does this "advisor" have written duties? Do the written document state that s/he may trespass?? Is your prez saying it's all right for the advisor to trespass? But play nice so that you're not labeled a "troublemaker."

Do your bylaws or some other documents give the Board the authority to just dream up HOA "jobs," and give them names? Is this "advisor" part of a "team" of advisors??

Meantime, I agree with Tim--have a nice, friendly little get together and learn more about your HOA overall, including the advisor.

CyrstalB (Maryland)
Posts: 457
Posted:
Well that's a pretty bad way to greet a new neighbor! Quite the opposite of being neighborly for sure, and something that should be addressed, even though it is likely to fall on deaf ears. I would ask if this is how they handle every violation in the community, sending someone one on the lot to take pictures and then have someone watch for you to be there to send in the cops so to speak is pretty hardcore.

You can be nasty or you can be civil about how you respond, but you should respond to let them know their behavior is appalling.

Good luck with this Board!
KimR4 (Florida)
Posts: 33
Posted:
Kate,
Does your HOA have a property manager? If so, send your complaint in writing to the property manager. Your correspondence with the PM should be shared with the Board as part of the Manager's Report at the next BOD meeting. Your situation has not been handled well. Hopefully your Board will realize that.
AnnH5 (Florida)
Posts: 304
Posted:
I agree that any violation or concern should be handled by the property manager. As far as I can tell, calling someone a "HOA Advisory Member" and then having that individual scout out others for violations amongst their neighbors is nothing more than a recipe for animosity. Calling Mrs. Kravitz.....
KateS1 (Michigan)
Posts: 6
Posted:
I want to thank everyone for the advice. It was good feedback, and actually very good to hear that I'm not overreacting.

To update everyone on what has transpired since Friday when I posted this:

1. I contacted the HOA president, and followed the advice on the board. I asked how violations are normally reported and if this was a normal case. He kept dodging the question and coming back to that I had to move a discharge pipe. I explained that it had been moved, per his request, but I just would like to understand the process. He kept coming back to how I was in the wrong. It was a very odd, defensive position. I decided to let it go, because I don't want to be marked as a troublemaker. Just yet. If this continues, my resolve may wear down.

2. I met a couple of neighbors this weekend and asked everyone over for an impromptu glass of wine and chat (great suggestion from this forum!). Eventually the conversation drifted towards my mess of a lot, because really, how could it not? I mentioned that I had been in contact several times with the HOA, and was a little shocked at how they were monitoring my progress. Everyone immediately rolled their eyes, and said, "Oh, that's Jane Doe..." Sounds like she is the neighborhood busy body (there is one in every neighborhood, right?) and everyone has had a similar run in with her. I'm guessing she doesn't have much else to do with her time. People have received everything from calls from the HOA to visits from the local police due to her complaints, and almost always for something petty. What nobody understands is what is her actual role in the HOA. Everyone just has accepted that she is what she is, and they try to stay out of her way. Since I don't have any evidence that it was her, I'm just letting these events go. But last night, I set up a camera to take a picture anytime someone opens my back gate. If there is another incident of someone entering my yard to photograph a perceived violation, I will be able to identify who it is. I will then send the photo to the HOA and ask if this is something I can expect them to resolve, or will I need to alert the police.

Thanks again everyone. I'm sure you get people coming on here all the time trying to fight their HOA, and I can ensure you, that is not what I want to do. I really want to follow the rules, but I do want a little more privacy than I've been afforded to date!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Glad to hear it has been somewhat resolved.

More important, you have made a few friends with the neighbors and learned a bit about the issue. You also discovered that you were not specifically targeted by the individual but that it has happened to many others.
AnnH5 (Florida)
Posts: 304
Posted:
If you do capture an image of a trespasser, you might want to contact the police. Someone trespassing on your property would be more of a civil matter versus a HOA matter. I just knew it was Mrs. Kravitz

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