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Statute of Limitation on Convenant Enforcement

Started by DianeE1 • 17 replies • 7918 views

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DianeE1 (Georgia)
Posts: 1
Posted:
New to a HOA board in GA. Previous boards have not enforced covenants. Therefore there are homes with violations that have not been addressed. Covenants state that non-enforcement does not negate HOA right to enforce thereafter. However, President of HOA believe there is a statute of limitation in GA which will not allow enforcement if violations have been unaddressed for 2 years. Anyone got any history with statute of limitations or starting over with enforcement? THX
RogerB (Colorado)
Posts: 5,067
Posted:
Diane, the failure to enforce in the past does not negate the right to enforce in the future. But if a violation of restrictions has been known for over a year in CO it would not be enforceable. Don't know the time limit in GA but probably similar.
LindaC3 (Florida)
Posts: 526
Posted:
Now what i would like to know if in Florida we might have something similar....... We have a couple of people here that have been parking their RV'S on their 3 acre lots for 15 years and now they ( BOD) are enforcing the Deed Restrictions..The people wont move the RV"s and are being fined $5.00 per day becuase of it and have had their privileges revoked to all common area.............LindaC
Jadedone4 (Virginia)
Posts: 495
Posted:
Linda, if they have been "fined" $5 per day, and have had commone area privelages revoked, they are being "enforced" - might not result in the desired effect/action (getting the RV's to appropriate areas for parking), but there is active enforcement.

I would be more curious to know if the limitations apply to areas which move from developer to owner control. We all know the hate being the "bad guys" (like they need any additional assistance), and often do not enforce CC&R's during development up until owner control takes place.
LindaC3 (Florida)
Posts: 526
Posted:
Jadedone4--- We all find it amusing that AFTER 15 years of non enforcement they are enforcing............They want these people to build permanent buildings for a temporary parking right....Our restrictions come up for renewal in 2008 and right now RV"S are not allowed on your property....The BOD made a RULE that you could park them there only if you built a BUILDING................LINDAC
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By LindaC3 on 05/24/2007 6:00 AM
Jadedone4--- We all find it amusing that AFTER 15 years of non enforcement they are enforcing............They want these people to build permanent buildings for a temporary parking right....Our restrictions come up for renewal in 2008 and right now RV"S are not allowed on your property....The BOD made a RULE that you could park them there only if you built a BUILDING................LINDAC

Hello Linda,

It sounds to me that your board is in quite a “pickle”. I too was confronted with previous violations and have become the “evil board member” I’m not liked by many of my neighbors; it’s rather sad and unfortunate to be honest with you.

I completely agree with enforcing the governing documents, if you’re going to enforce one you must enforce them all, otherwise you would be selective enforcing which would certainly not be recommended.

I personally feel you should consider ways of permitting those in violation, (15 years) but express to all resident that as of ________ the board will strictly enforce the governing documents and explain what the consequence will be in the event they are found in violation. Certainly go into detail, give every homeowner a very detailed list, expenses, etc) Explain what will happen “if” they are found in violation.

I feel that by making these members, after 15 years to comply, regardless of expense, would be extremely bad, for you and your community. You may enforce the governing documents upon those select few, but it may very well create more problems for you, the board, and your family. IMHO

I would reconsider enforcing any previous violations.
Best of luck

Keep us posted
Chuck W.

Charles E. Wafer Jr.
LindaC3 (Florida)
Posts: 526
Posted:
Thank you Charles................ I feel your pain as a board member............. The Member in question has filed for mediation with the State of Florida over this issue...he has received confirmation that the State will order the mediation....It has clearly been a case of selective enforcement and I have found court cases where Judges have ruled against the BOD for allowing the continual violations to exist and thus granted relief to the homeowner.....Our Board even asked the Corp Attorney for an opinion and the Attorney had said that they ( BOD) could write a Rule to temporarily allow them to be parked and screened as to not be visible but the BOD said NOPE............The problem with our 'storage' area is that it is rat infested and other critters destroying these vehicles...We are talking the Class A $ 500,000.00 ones......Just wish we could all get along and not be so FOCUSED on this issue............But I guess the State will be handling this one......LindaC
RogerB (Colorado)
Posts: 5,067
Posted:
Linda, RVs are not a permanent fixture; the violation of restrictions and the time limit begins again each time it is moved.
LindaC3 (Florida)
Posts: 526
Posted:
RogerB............you and I are reasonable people and have a grasp on this issue....But our BOD is not made up of reasonable people thus why we are where we are with this problem............LINDAC
JM2 (Oregon)
Posts: 439
Posted:
Hi Linda:

It sounds like your HOA needs to hire a few cats to patrol the RV parking building/area...that might take care of the $500,000 RV's. The cats are cheap to maintain, don't require hourly wages, and at least at the beginning, won't need a lot of cat food. However, you might want to put vet bills in your operating budget and put replacement cats in the reserves, if you have them neutered/spayed...

The thing to work on would be consistent enforcement - or a change of your declaration, to allow the buildings/screening/etc. - the BOD would have to decide what the community will accept on an ongoing basis.

good luck!

JPM
LindaC3 (Florida)
Posts: 526
Posted:
LOL................We live deep deep in the woods and the "varmits" causing destruction can only be iradicated with a LARGE SHOTGUN.............cats not gonna help........
And yes- Our BOD has never been consistant in anything that have done except for being "inconsistant" with everything they have done......LINDAC
HaroldS1 (Arizona)
Posts: 314
Posted:
Linda - Paying $5 a day is chicken feed to have your motor home close by instead in your infested storage yard, and it is only while they are not on the road. They might make a case about having to use that storage facility. What "amenities" tho are rescinded? Maybe they don't use them anyway. So what is the punishment? Harold
MicheleD (Kentucky)
Posts: 4,491
Posted:
I certainly hope the BOD prevails with its efforts. Please keep us posted.
BradD2 (Florida)
Posts: 418
Posted:
The problem for the Association is that they are going to hit the $1,000 cap and the homeowner will be still not move the RV.
LindaC3 (Florida)
Posts: 526
Posted:
BradD2--- You are correct about the $1000.00 cap............But the HO has left the property and hit the road to vacation and see this great country for the next 4 months........So no violation exists....Before they left they deposited a $1000.00 check in an escrow account awaiting the outcome of the mediation from DPBR...He is not the only person here who has parked his RV on his private lot...There are others...And they all have been parking them there for YEARS and not a problem....Then here comes the average working class guy with a small pop up camper type....And OH MY GOD you would have thought he was a criminal the way he was treated out here,,,,,,,HOW DARE HE COME IN HERE WITH A " POP UP " and not a $500,000.00 Private Motor Coach...thats when all HELL broke out here.........So you can plainly see it is "discrimination" at its finest and the NOT FAIR........... These folks are my direct neighbors and the fact they have a recreational vehicle on their property does not inhibit me from enjoying having them as neighbors or living here....What would bother me is having this LARGE TALL OBTRUSIVE BUILDING blocking my view off all the gorgous Florida Sunsets..... The mediation will be an interesting thing,,,,,,This makes TWO complaints filed with DPBR against the Association..........LindaC
LindaC3 (Florida)
Posts: 526
Posted:
BradD2--- You are correct about the $1000.00 cap............But the HO has left the property and hit the road to vacation and see this great country for the next 4 months........So no violation exists....Before they left they deposited a $1000.00 check in an escrow account awaiting the outcome of the mediation from DPBR...He is not the only person here who has parked his RV on his private lot...There are others...And they all have been parking them there for YEARS and not a problem....Then here comes the average working class guy with a small pop up camper type....And OH MY GOD you would have thought he was a criminal the way he was treated out here,,,,,,,HOW DARE HE COME IN HERE WITH A " POP UP " and not a $500,000.00 Private Motor Coach...thats when all HELL broke out here.........So you can plainly see it is "discrimination" at its finest and the NOT FAIR........... These folks are my direct neighbors and the fact they have a recreational vehicle on their property does not inhibit me from enjoying having them as neighbors or living here....What would bother me is having this LARGE TALL OBTRUSIVE BUILDING blocking my view off all the gorgous Florida Sunsets..... The mediation will be an interesting thing,,,,,,This makes TWO complaints filed with DPBR against the Association..........LindaC
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By BradD2 on 05/25/2007 6:42 AM
The problem for the Association is that they are going to hit the $1,000 cap and the homeowner will be still not move the RV.

Just a couple thoughts on what may be done.
1. Establish Rules and Regulations on Enforcement of Violations to Restrictions and distributed them to all owners.
2. Take them to court plus seek payment of all legal costs.

Fines are the second effort we use for encouraging compliance. The first is to be proactive. Let owners know in advance about restrictions and the consequences for non compliance. The next reactive effort, after fining, is legal action.

BradD2 (Florida)
Posts: 418
Posted:
I understand that. I was commenting on the fact that the Homeowner is obviously willing to pay the $5.00 a day fine. In fact it is probably cheaper per day. What makes it even more ironic is that in Florida there is a $1,000 cap on the size of the fine. So after 200 days isn't paying anything more unlike if he was paying to park it somewhere else.

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