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Posted By LarryB13 on 07/06/2015 5:05 PM
Just chuckling over the hard-line stance regarding sheds and a roof.
The same question keeps coming up in my mind: Who gives a damn? I look around my neighborhood and see sheds in every yard, including my own. I see roofs in many colors. But here is the kicker: I was up early today and the sun rose in the east! How is that possible? Sheds and multi-colored roofs should have caused a rift in the temporal space-time continuum, according to the hard-liners. The earth should have spun off its axis if what they say is true.
Those of us who live in the real world do not care about other people's sheds, fences, roofs, or garbage cans. We have enough real things to worry about without going on the hunt for violations of arbitrary rules.
Part of my chuckle is arises from the hard-liners' insistence that they are maintaining property values by harassing their neighbors over enforcing rules. How much does your property value rise when the seller is required to disclose that his association is involved in one lawsuit over a shed and in another over the color of roof shingles? This forum has had a lot of discussion about the Olde Belhaven HOA in Virginia, where trying to enforce arbitrary rules plunged the association into bankruptcy. Just how much did that increase the value of their homes?
Grow up, people.
Youâd be singing a much different tune if a neighbor put in something YOU didnât like and it was against the CCRs, but the Board did nothingâŚâŚ
I agree some boards do go a bit overboard with CCR enforcement, but as Allison and Geno have said (along with a few other people)â you moved into a HOA community and its rules arenât like a cafeteria (pick the salad and dessert, but ignore everything else for whatever reason). At some point, the Board has to draw a line in the sand and grow a pair â either enforce the rules or let everyone do whatever. In that case, whatâs the point of a HOA?
As to Greggâs question, I would say âyes, youâre correct, the previous Boards didnât enforce the rules consistently or at all and thatâs why THIS Board is taking a different approach. As someone said to me recently, the âbut Billyâs doing it tooâ argument didnât work when you were a child and itâs not going to work now.â
In fact, this may be a good time to look at the CCRs and walk the neighborhood to see if anything else has been allowed to run amok. Pick the top two or three problems (like the sheds) and remind everyone of what the rules are and how the Board will approach this going forward. Brace yourselves for some pushback â a few years ago, one of the associates at our attorneyâs firm (who specialized in this stuff) commented that when Boards first get serious about enforcement, they will hear a lot of âmy two neighbors have it, why canât Iâ and threaten to sue, complain about their Constitutional rights being violated and all that stuff, but if you enforce the rules fairly and consistently, people will come around. If theyâre really pissed off, they can always vote you out â at least you tried and now itâll be THEIR problem.
Having said that, at this point, those with sheds should be grandfathered in and everyone else should be told they canât have one because thatâs the way the CCRs are currently written. If they want to change them, the Board can charter a committee and THEY can do the work of walking around the community to see who has what, come up with some design standards (which could address safety issues, as Ann pointed out), draft the rules (the association attorney should review it first), poll the homeowners to see what they want and then encourage people to vote. Lettâs see how much people really want this when they see what will be required to change the rule.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius