Violation letter does not match Deed Restrictions

Started by IkeW • 7 replies • 1767 views

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IkeW (Texas)
Posts: 11

Posted:

Our Association's Management company, requested by our Board, recently sent out a notice of violations letter to every property owner. However the letter does not match any of the current deed restrictions. For example, the Management company letter referenced the follow section 7 stating:

Management Letter states: Storage (Section 7) Trailers/Boats, trash cans, inoperable cars, wrecked cars, tires not on vehicles, ladders, bags of landscaping material, and bags of concrete must be stored out of sight from public view. Inspections on vehicles must be current. Cars may not be covered with tarps or covers in driveways. Nothing should be stored on the front or side of the house, rear of the house if you have no privacy fence, or on the driveway.

However the Deed Restrictions Section 7 States:
7. TEMPORARY STRUCTURES AND RESIDENCES
No trailer, mobile home, tent shack , barn shall be moved upon or built upon any lot in this subdivision nor shall any garbage or other out building be used as a temporary or permanent residence in this subdivision.

What recourse do property owners in Texas have in this type situation? Does a Board or Management company have the right to interject their own interpretation of the restrictions?
Many thanks!

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By IkeW on 05/05/2007 7:22 AM
What recourse do property owners in Texas have in this type situation? Does a Board or Management company have the right to interject their own interpretation of the restrictions? Many thanks!

I would prepare a letter back to whomever mailed this information and advise them their quote of the restriction does not agree with your copy of the CC&Rs. Ask if they made a mistake or else give you a copy of the CC&Rs they quoted.

No Board, nor their MC, can change the CC&Rs. The Board sometimes issues a "summary" of the CC&Rs but it has no official bearing.

KevinK5 (California)
Posts: 64

Posted:

Your section 7 is strange.
"nor shall any garbage or other out building be used as a temporary or permanent residence"
How do you use garbage as a residence?
Management has the right to explain for those who have trouble understanding, but they should not state the explanation as a quotation. The rules should be quoted and then an explanation with examples can follow.

HaroldS1 (Arizona)
Posts: 314

Posted:

Kevin - I assumed that was a typo and should be GARAGE not garbage. Harold

JM2 (Oregon)
Posts: 439

Posted:

Hello Ike:

It may be that the property manager quoted the wrong set of CC&R's, was editing a previously-used letter and left in some weird language, was having a bad day or was on drugs...

It would be in the Association's best interest to bring this to the attention of the manager, and request that new letters be sent out, properly quoting the CC&R's, at the management company's expense. If the manager is unwilling, jump to the manager's supervisor, and up the food chain as necessary to get this resolved.

J. Patrick Moore, CMCA

KevinK5 (California)
Posts: 64

Posted:

Quote:

Posted By RogerB on 05/05/2007 7:55 AM

...No Board, nor their MC, can change the CC&Rs. The Board sometimes issues a "summary" of the CC&Rs but it has no official bearing.

Our board often has to interpret in order to spell out exactly what the problem is. An example: Our C&Rs read "No trash, garbage, or other waste material or refuse shall be placed or stored on any lot...". The board spelled out in the letter that the pile of scrap boards and plywood left over from having a home built was waste material and had to be removed. The owner could have considered the scrap wood to be firewood, so are you saying the board's interpretation has no bearing?

IkeW (Texas)
Posts: 11

Posted:

Thanks to each of you for your advice, which I will act upon. Property owners are willing to follow established and approved CCRs and Deed Restrictions, however they need to be clearly spelled out and communicated accurately and I believe, should not be open to subjective interpretations or hidden expectations. How can people be expected to follow the rules, when they don't know what they are. Again, many thanks. Ike

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By KevinK5 on 05/06/2007 4:43 AM

Posted By RogerB on 05/05/2007 7:55 AM
...No Board, nor their MC, can change the CC&Rs. The Board sometimes issues a "summary" of the CC&Rs but it has no official bearing.

are you saying the board's interpretation has no bearing?

Absolutely not. You presented an excellent example of clarifying a restriction. This occurs quite often when educating owners on violations of restrictions.

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