How to break cycle of non-enforcement?

Started by CherylH2 • 5 replies • 1589 views

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CherylH2 (Nevada)
Posts: 3

Posted:

Our HOA has a number of existing homes that violate the CC&Rs in some major way, but for the first several years there was no enforcement. At this point, we feel it would be wrong and impractical to suggest that someone re-do their landscaping to incorporate a higher percentage of vegetation, or to move an outbuilding farther away from a fenceline, or to change their exterior paint color.

So, the current Board is faced with a dilemma. Some members feel that we must forever approve any new requests that are in line with things that others are "getting away with". Or that we can't establish architectural guidelines that conflict with any existing structure.

For example, in our 39-home development, 37 homes are in neutral tones ranging from beige to brown. I know, boring, but we're in a desert location and it blends well with the natural environment. One home is yellow and another one is gray. When we tried to establish allowable paint colors as the neutral palette (and applying this only to new homes or repainting), we had a major pitched battle with those who insisted we had to include yellow and gray since there were already existing homes of that color.

How can we ever get control of this situation? How can we enforce things that haven't been enforced in the past without getting into a situation where violators accuse the HOA of inconsistent enforcement?

GloriaM (North Carolina)
Posts: 829

Posted:

Cheryl:

It is the board's duty to set policy. It really doesn't matter if former board's were lacking in enforcement, the new board should set guidelines of what going forward they would like to see. I would advise a community meeting with only 37 homes that should be easy and send the notice with the topic to be discussed and see what happy medium the board and members can come up with. The enforcement of any governing documents should be followed according to your CCR's and your States Planned Community Act.

JM2 (Oregon)
Posts: 439

Posted:

Hi Cheryl:

Regarding the color pallette: the Board could approve a color pallette, and give a retroactive approval to the yellow and the gray house, with a provision that they need to conform to the color pallette once they need to repaint. That way, the homeowners protect their investment, and going forward, everybody's on the same page with respect to future color choices.

If there are outbuildings that are too close to the fenceline, then check to see what the legal setbacks are according to city/county code; if they are in violation, these homeowners can be reported and the local jurisdiction will take care of the enforcement for you. Otherwise, let them apply for a retroactive approval (if they are within the civil code) with a provision that any replacement must conform to your new guidelines (which would be the same as your old, previously unenforced guidelines).

With regard to adding vegetation to meet the guildelines, that shouldn't be a huge problem; they are just adding what is lacking currently. Not a total re-do of vegetation, but bringing it up to the community's standard. Offer them the opportunity to submit a plan that uses current vegetation and adds enough more to comply.

An open meeting of the Board to discuss the issues, followed by a letter to all the owners, giving them a reasonable amount of time to make applications and/or needed changes, followed up by enforcement, would be a practical way to go. If your community is past the window of opportunity to plant without a high chance of die-off through the summer, then give the landscape people several months to submit landscape plans for approval, and a cutoff date (maybe mid-November) to have installation completed...

Best of luck!

J. Patrick Moore, CMCA

DJ1 (Ontario)
Posts: 798

Posted:

From a Horticulturist perspective you can't just ADD vegetation to what has already been put in place in order to 'bring it up to standards'. Nice try though!

TF1 (Maryland)
Posts: 5

Posted:

One thing you cannot do is to selectively enforce which would leave you open to suit. We dealt with a similar situation by going forward and not looking back. Fortunately, we did not have any homes that were way out of line in terms of unpermitted structures and the like. However, you have to get a handle on it now and draw the line somewhere, otherwise there is nothing to prevent someone from going with a hot pink. It seems that you could write your implementing rules and regs that "earthtone" colors are permitted and provide specific examples. So, this would capture yellow and gray. Hope this helps.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By JM2 on 05/01/2007 2:28 PM
Hi Cheryl:

Regarding the color pallette: the Board could approve a color pallette, and give a retroactive approval to the yellow and the gray house, with a provision that they need to conform to the color pallette once they need to repaint. That way, the homeowners protect their investment, and going forward, everybody's on the same page with respect to future color choices.

If there are outbuildings that are too close to the fenceline, then check to see what the legal setbacks are according to city/county code; if they are in violation, these homeowners can be reported and the local jurisdiction will take care of the enforcement for you. Otherwise, let them apply for a retroactive approval (if they are within the civil code) with a provision that any replacement must conform to your new guidelines (which would be the same as your old, previously unenforced guidelines).

With regard to adding vegetation to meet the guildelines, that shouldn't be a huge problem; they are just adding what is lacking currently. Not a total re-do of vegetation, but bringing it up to the community's standard. Offer them the opportunity to submit a plan that uses current vegetation and adds enough more to comply.

An open meeting of the Board to discuss the issues, followed by a letter to all the owners, giving them a reasonable amount of time to make applications and/or needed changes, followed up by enforcement, would be a practical way to go. If your community is past the window of opportunity to plant without a high chance of die-off through the summer, then give the landscape people several months to submit landscape plans for approval, and a cutoff date (maybe mid-November) to have installation completed...

Best of luck!

J. Patrick Moore, CMCA

Good response.

Ron
SC

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