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ChristelC (Idaho)
Posts: 1
Posted:
There are a lot of CCRs violations in my subdivision. Some of the major ones are by the Board Members and their friends (full timers). No doubt there are some ambiguous sections in the CCRs, but there are many sections that are very clear, yet they are being ignored. Now, the members have been informed that a panel has been set up to clear up and update the CCRs; this panel is mainly set up by those with infractions. The architectural committee (made up by some of these people) has selectively allowed some things to pass while those same things were rejected for others and building materials not included in the CCRs were allowed to be used. Then they are promising to "grandfather" those issues that no longer will be legal once the new CCR's are clarified and accepted. In other words, these people are trying to get their infractions grandfathered, while keeping the rest of us true to the CCR's. I was wondering if the CCRs are null and void since everyone is interpreting them as they wish, whether they are clear or not. What steps can we take for fair treatment?
GlenL (Ohio)
Posts: 5,491
Posted:
Christel, welcome and I'm sorry you're having these problems but most likely the CC&Rs are valid, somewhere in them they most likely contain a WAVIER CLAUSE which states that no matter how many times a Board ignores them, they are still valid. As to the violations, other homeowners have the right to take the violators to court to enforce the violations and to recover their legal fees for doing so.

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,061
Posted:
Glen,

Although any member can certainly enforce the covenants through the courts, I'm not sure the expenses for doing so would be recoverable. It likely varies by State.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By GlenL on 03/12/2015 8:12 PM
Christel, welcome and I'm sorry you're having these problems but most likely the CC&Rs are valid, somewhere in them they most likely contain a WAVIER CLAUSE which states that no matter how many times a Board ignores them, they are still valid. .

And that is probably offset by a statute which states that a open and visible violation, especially of the architectural variety, becomes unenforceable if ignore for a set period of time.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
YOU have a contract (covenant).

YOU feel same is being violated.

YOU may take legal action (seek an injunction / sue for damages) to enforce.

YOU may campaign for a recall of YOUR Board of Directors.

YOU may 'run for the Board'.

YOU may take action WITHOUT internet intervention or advice.



Have a nice day.
LindaB23 (Georgia)
Posts: 2
Posted:
We, too have experienced this in my community. We have a new Board now and the "violators" no longer live here. Basically, our prior Board not only violated the Covenants but approved Architectural Changes for their friends. Homeowners that didn't approve of their actions never complained either. Our new Board, of which I am a member, has had to live with what was done in the past but is very active in preventing any further violations. In our situation, the legal fees involved to go back and correct things that happened years ago when the properties have be sold could get expensive.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By ChristelC on 03/12/2015 8:02 PM

What steps can we take for fair treatment?

Gather support and get yourself and/or other like minded members elected to the board. This way, even if you can't get all decisions to be to your liking, you will be part of the decision process and can influence how things are done.
KerryL1 (California)
Posts: 14,550
Posted:
Christie, Tim's suggestion is the best & cheapest way to make changes.

Meantime, you homeowners all have to vote for revisions to the CC&Rs. If they seems unreasonable, rally others to vote against the revision(s).
CfD (Virginia)
Posts: 265
Posted:
Seems like your options have been thoroughly detailed by those here. Our Declaration is written in a way that allows homeowners to recover the cost of going to court in their suit to have the Declaration enforced. Might check to see if yours is.

Our ASC has routinely granted variances in violation of our architectural guidelines (not so much CC&R's), but they openly admit it. Unfortunately they also admit they do not believe in open meetings, and do not believe other homeowners have any right to know what variances they've granted. This despite our HOA's requirement that a majority of our membership must approve those guidelines.

We recently went through a grandfathering episode as well. But that is another drawn our story.

I feel your pain.

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