Ad Hoc Grounds Committee?

Started by PjP • 4 replies • 1449 views

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PjP (Alaska)
Posts: 5

Posted:

I live in an HOA whose board has long ignored its governing documents. Our bylaws require a standing grounds committee in order to enforce violations. Most owners have long ignored many of the rules for decades (written in 1990). Being as the entrenched board does not follow its own obligations, nobody is interested in serving on a standing committee. As such, this board has instituted a policy of establishing "ad hoc" grounds committees by using themselves and an additional homeowner to go around each month and mark "violations". This policy results in different interpretations and some things being called a violation one month and not the next because the committee has different members at any given day. This policy seems dysfunctional and I am concerned about the liability this puts on our association. Ad hoc grounds committees are not permitted in our thirty year old bylaws. Any advice on this?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By PjP on 12/09/2014 9:38 PM

Any advice on this?

If you are not currently serving on the Board, I'd suggest offering to serve on a permanent committee. Better yet, gather neighbors and all of you volunteer to serve on the standing committee. This way, you can establish the procedures (or comply with existing procedures) to ensure that things are done the way they are supposed to be.

As far as the Board not following their obligations - it could be a simple matter of too few people trying to do too much, therefore, they do the best they can with the number of volunteers that step forward. If this is the case, then volunteering can help the Board fulfill their obligations.

However, if it's an issue of unwillingness to comply with the governing documents, then you need to gather support, along with volunteers willing to serve who will comply with the documents, and either recall the existing Board or simply not reelect them at the next election. Then replace them with the volunteers you have been able to gather.

Hope this helps,

Tim

EmmaH1
Posts: 674

Posted:

PjP,

Since you say that some rules (30ty year old bylaws) have been ignored for decades, I would investigate your state laws in Alaska. Make sure that these violations that are being written out can legally be enforced upon owners at this time, otherwise it would be a waste of time. Sometime in some states if something is permitted/allowed or ignored for a certain period of time it may not be able to be legally corrected. Maybe you should also consider coming together as a community to rewrite some of those bylaws, to make them more current and appropriate the community as a whole.

Good luck

EmmaH1
Posts: 674

Posted:

typo "make them more current and appropriate for the community as a whole"
sorry

EmmaH1
Posts: 674

Posted:

Also in case you have not done so already, make sure that your CC&RS have not expired (some do if not renewed in so many years, some automatically renew themselves) check the language in your governing Documents that run with your deed. Are you in a single family home or a Condo? any common grounds or amenities?

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