BjW1 (Florida)
Posts: 24
Posts: 24
Posted:
Does an Ho have rights when they are in violation of covenants ( buildt structure to Home not allowed, did not request permission from Bod)They are current with dues.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Violation of covenant
Started by BjW1 • 8 replies • 1523 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
BradD2 (Florida)
Posts: 418
Posts: 418
Posted:
What do you mean by rights?
BjW1 (Florida)
Posts: 24
Posts: 24
Posted:
can they attend Bod meetings and voice their opinions
PaulM (Pennsylvania)
Posts: 1,347
Posts: 1,347
Posted:
BjW:
Your statement that you are 'in violation of covenants' brings up some questions. Have you been notified that you are in violation?
Have you been fined for your violation? Have you paid the fine or rectified the violation to follow the covenant directives?
Your covenant addresses how a violation is to be handled. Dues and violations are two entirely separate issues. It is commendable you are current on dues, as is expected from all unit owners; however, if the violation still stands against you, you really need to work with the Board/Committee to resolve this situation.
How can this forum help you to this end?
Your statement that you are 'in violation of covenants' brings up some questions. Have you been notified that you are in violation?
Have you been fined for your violation? Have you paid the fine or rectified the violation to follow the covenant directives?
Your covenant addresses how a violation is to be handled. Dues and violations are two entirely separate issues. It is commendable you are current on dues, as is expected from all unit owners; however, if the violation still stands against you, you really need to work with the Board/Committee to resolve this situation.
How can this forum help you to this end?
BjW1 (Florida)
Posts: 24
Posts: 24
Posted:
I actualy am the Bod member, this Ho has been harrassing me personally for the past 6wks about following rules and demanding information on contracts with vendors and how the dues are being spent. They have been getting up a petition to have community trees trimed because there are two in front of their house, and now I see they have put on the outside of their home permanet structures that are in violation without so much as a comment to anyone.
Since we are in the middle of their tree demands I wondered if this (not yet addressed violation) allows us to ignore their personal requests and get on with business of everyones interest.(they had insisted we stop the works we had in progress that was for the interest of all to focus immediate attention to their issue)We will be sending a letter directly to them about their incorrect structure. Does that put them at arms length until it is resolved?I need a good nights sleep!
Since we are in the middle of their tree demands I wondered if this (not yet addressed violation) allows us to ignore their personal requests and get on with business of everyones interest.(they had insisted we stop the works we had in progress that was for the interest of all to focus immediate attention to their issue)We will be sending a letter directly to them about their incorrect structure. Does that put them at arms length until it is resolved?I need a good nights sleep!
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
BjW1, your Board can set up policies and procedures (Rules and Regulations) and provide them to all owners. These can include how owners are to make requests- such as written request by letter or email and to whom or speaking during the open session of a Board meeting. You can tell the Ho to make a formal request for information in the files which they desire to review.
Regarding violations, the person in charge of Covenant Enforcement should send them notices. Once they have been found guilty, after the right to a Hearing, they can be advised they are not in good standing. Issues which affect the entire subdivision should always be given priority by the Board over those of individual owners.
These things will not necessarily stop the personal pestering. You could try to put them at arms length by not being available to discuss HOA business.
Regarding violations, the person in charge of Covenant Enforcement should send them notices. Once they have been found guilty, after the right to a Hearing, they can be advised they are not in good standing. Issues which affect the entire subdivision should always be given priority by the Board over those of individual owners.
These things will not necessarily stop the personal pestering. You could try to put them at arms length by not being available to discuss HOA business.
BjW1 (Florida)
Posts: 24
Posts: 24
Posted:
Thank you Roger
Just what I needed to know...they still have rights until they are legal shown to be in violation. I have tried to dot all my i's and cross all my t's for this HO and have been available, so it really slapped me in the face when they so
blattenly crossed the line without following the rules. Kind of do as I say and ignore what I do theroy...I have reallly come to understand why countries don't get along and we have wars...when you can't have a small community be flexible for the sake of all and free of bullies. I stay sane only because of this site!!!
Just what I needed to know...they still have rights until they are legal shown to be in violation. I have tried to dot all my i's and cross all my t's for this HO and have been available, so it really slapped me in the face when they so
blattenly crossed the line without following the rules. Kind of do as I say and ignore what I do theroy...I have reallly come to understand why countries don't get along and we have wars...when you can't have a small community be flexible for the sake of all and free of bullies. I stay sane only because of this site!!!
LukeW (Georgia)
Posts: 1
Posts: 1
Posted:
If a homeowner started contruction on a pool without getting prior approval from the ACC as outlined in the covenants, but halted all construction when they were notified that they should and rectified the situation, does other homeowners who are not on the board or the ACC have the right to have a injunction filed to stop the work on the pool and fence?
JM2 (Oregon)
Posts: 439
Posts: 439
Posted:
Quote:
Posted By LukeW on 05/22/2007 8:21 AM
If a homeowner started contruction on a pool without getting prior approval from the ACC as outlined in the covenants, but halted all construction when they were notified that they should and rectified the situation, does other homeowners who are not on the board or the ACC have the right to have a injunction filed to stop the work on the pool and fence?
If a homeowner started contruction on a pool without getting prior approval from the ACC as outlined in the covenants, but halted all construction when they were notified that they should and rectified the situation, does other homeowners who are not on the board or the ACC have the right to have a injunction filed to stop the work on the pool and fence?
Hi Luke:
If the violation has been rectified and they have approval for the pool and fence, then it should be pretty much a done deal as far as the homeowner is concerned. If other homeowners have a problem with that, they can choose to sue the board, if they reasonably believe that the approval given was improper. As far as a judge granting an injunction, if the HOA gave approval and they have the proper permits, I don't believe a judge would grant such an injunction. If they had tried before HOA approval was given, then it would be possible. However, anybody with enough money can hire a lawyer to try to do just about anything.
JPM
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here