President not following CC&Rs

I am trying to deal with my frustration productively prior to submitting a formal complaint - which is why I am here.

Through the HOA President's actions it has been observed that he is selectively observing the CC&Rs as it suits him. The following serve as example:

Trash - CC&R dictates the cans shall be stored in the garage. Cans are not to be placed or left more than 12 hours prior to or after pick-up. Our community, granted we have single car garages, have never enforced this rule (president included). There have been talks of dumpsters which would solve this issue an cost considerably less after a large setup cost, but the president cannot or hesitates make a decision. It was decided to allow the cans to remain until a decision was made. This goes against the CC&Rs.

Parking - The BOD came up with a parking policy that disallows any car to be parked consistently more than 72 hours. A good policy. The President championed the effort and was vigilant in his enforcement. Now, that his vehicle is not functioning the rule is overlooked as his vehicle remains parked in the main circle. Parked, none-the-less with a large oil stain(that matches his driveway directly) and nearly flat tires.

Although I am not a board member I have contributed silently and significantly to help where needed. As my disenchantmennt grew so did the distance I took from the HOA. Recently, I was approached to serve on the board. I politely declined and made clear I was interested, but with a reorginization of specific committee members.

I want my efforts to be effective.
I'm not sure how to handle this.
We are flailing!

Thank you

melinda.
I would be careful on how you deal with your situation. I was in your same spot when my husband and I moved into our house. The president, or the board, struck down these proposals:

1. we wanted to plant flowers in our porch planter boxes of our choosing
(denied but he planted his own though)

2. parking of trucks on our private road
(he parked his)

Well, when it looked like he was taking advantage of his position, we all found out that he wasn't. At the next meeting I stood up and denounced him as an honest president and gave my examples listed above.
At this point, he proceeded to explain his actions, one by one, which made us look like fools because we were totally wrong.

1. The flowers were denied, unknown to us, because we had to plant certain native plants on the property. I over looked this fact which was in the CCR's. His flowers followed the guidelines.

2. Parking of his truck was approved by the board for short term parking only. This was also in the CCR's and was over looked too.

What the point of my email is that sometimes there are things most homewoners don't know and they assume the worst, expecially when it comes to HOA boards. I just took action without fact. Some of the other questions I have to ask are

Is he honest?
Is he looking out for the community?
Is he fair to others?

I also agree with Harold on the trash situation. Did the board decide to put the decision off till later? Does the board have enough money for the new construction plan?

joan

Melinda:

Does your association have an MC? If so, utilize them and record an official complaint. If your Association is self managed, serve your written complaint to the entire board for review. A disbale vehicle should never remain in a drive or on the street. Since you state he has it parked on the circle, I assume this would be against your Town's ordinance as well.

No, the Board decision is not valid since it violates the CC&Rs. How are you going to them to enforce the CC&Rs?