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MF4 (Pennsylvania)
Posts: 4
Posted:
So, the board approved on 2/22/12 meeting minutes dated 11/3/11 in regards to anyone who gets an enclosed fence is responsible for maintaining the inside of it.

We have four fences in our community and ever since our new President of the Board installed a fence suddenly these approved minutes don't apply!

He is actually implementing for the 2016 Lawn contract with a new landscaper that:
9. Mowing shall also be done inside the fenced-in yards of unit owners with fences.

Not to mention lawn care that doesn't make sense:

3. All turf areas mowed at cutting height of between 2.5 and 3.5 inches in warm weather. Mowing height may be lowered to 2.0 to 2.75 inches in cool weather.
7. All shrub and ground cover will be weeded weekly and beds shall be aerated once a month during the months of March through October and November through February as needed.
4. If using blowers for debris removal, the contractor shall not blow any material onto lawns, ground cover, bushes or other planted areas. Debris is to be directed away from resident vehicles and catch basins.

I have retrieved all the fence application and approvals that we have on file with our community management company who the Board wants to terminate contract.

I was prepared that if the Board asked you how I came to have these documents, that I can remind them of the bylaws and to also mention PA condominium law supports this right for homeowners to have access to records.

Commercial Vehicle:
So then my husband and I get a letter in the mail stating...

It was brought to our attention that you are currently in violation of the following section of the Rules and Regulations:

PARKING: As per the Rules and Regulations, no recreational vehicles, mobile homes, trailers, campers, boats, commercial trucks and vans, or vehicles in excess of 3/4 ton shall be
permitted to be parked on the property unless enclosed in the garage.

The Board omitted the sentence below that saying...

Commercial vehicles are prohibited unless parked in the driveway or garage.

Then they sent a second letter the very next day stating commercial vehicles are not a loud with the exception of state vehicles can be parked in designated areas.

So there is nothing in our bylaws referencing commercial vehicle and parking at all.

This board is completely out of control. The last time we had a meeting they did not invite our community management so there was no mediator.

My board is implementing rules and regulations to benefit themselves and enforcing rules that don't apply.

Help!!!!!!!!!!!!

LarryB13 (Arizona)
Posts: 4,099
Posted:
As to the mowing issue: What to mow, when to mow, and where to mow is pretty much within the board's discretion. If you do not like the board's present policy then your best remedy is to campaign for a seat on the board. The board is not bound by any previous policies.

The parking issue is not so easy to address. This crap comes up here all the time and the answer is usually the same. There is no accepted definition for the term “commercial vehicle.” Therefore, to be able to enforce a restriction on parking a commercial vehicles the term must be defined in the declaration.

Note that I said declaration. Not rules and not bylaws. The declaration controls how the property may be used. If the declaration has no prohibition against commercial vehicles at all, or it does have a prohibition but no definition, then the board has no lawfully enforceable right to declare your vehicle to be in violation. The courts will not uphold vague terms.

Now the bad news: You may need to spend a lot of money to prove that you are right.

If this board is as out-of-control as you say it is, you might want to look into organizing a recall election to elect a new board. It is far more direct and much less costly.
MF4 (Pennsylvania)
Posts: 4
Posted:
But the board never approved this change in regards to fence/mowing. They have not included our community management company since our last community meeting so the board has been having meetings behind closed doors with no record of anything.

I was on the board and removed myself because of this exact conflict. I have a bigger voice not being on the board.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
No you do NOT have a larger voice when not on the board. You just have a squeakier wheel... You have no real power to make decisions other than to gather votes to remove board members. Otherwise, if you were a board member, your voting power would be representative of the WHOLE HOA and NOT just your opinion.

People forget when you get on the HOA it is NOT your agenda, it's the agenda of whoever elected you. The HOA represents the HOA as a WHOLE. The people elected you to that office to represent them and the majority of what they want. So if they kicked you off the board, then it's showing NOT the majority of people agreed with your point of view. It did not represent them. So now off the board, how can you say you have a stronger voice if it's pretty much a single one with screaming???

Former HOA President
MF4 (Pennsylvania)
Posts: 4
Posted:
First, I was not "kicked" off the board. I resigned.

It all began because the lawn care requested a walk through concerning issues within our community one of which being they said they weren't suppose to mow inside of fences. I agreed being the only board member that was able to attend the walk through with our current management company. Being that I "was" very good friends with the current president with a fence so I knew this would cause conflict. He has been chasing lawn mowers down for years but finally a lawn care company that is involved with what's what!

Our community management company then emailed a reminder to residences that they are to maintain the inside of their lawns if fenced in. THAT, is how all this began.

Trying to salvage my friendship with Mr. Presidents wife because we kept butting heads and I was tired of his little remarks so I removed myself from the board. In the end we aren't friends anyway.

Now, I do have a bigger voice because our board is looking at slandering charges from our community management company and doing things behind closed doors with zero communication with resident, etc.

I have started a petition that I only need a few more votes to override our community governing documents. Yes I do have power. The community speaks!
I have 2 former board members helping. That speaks in volume. This is NOT just my opinion or agenda!

The current board has their own agenda!!!!!!

However, you are correct with your below statement:

People forget when you get on the HOA it is NOT your agenda, it's the agenda of whoever elected you. The HOA represents the HOA as a WHOLE. The people elected you to that office to represent them and the majority of what they want.

And please do not assume you understand and make assumptions I was kicked off because that is NOT the case. Thank you.

My next step besides for an attorney, the current community management co and past and present lawn/snow removal companies having all the same problems speaks for itself.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
MF4

A management company is hired by the BOD thus are generally more in align with the BOD then with dissenting owners. You make it seem like the management company is aiding you in making whatever changes you alluded to. How is this?

MF4 (Pennsylvania)
Posts: 4
Posted:
Our community is still being built so at the time of transition from builder to actually our community having full control over the board the builder who is still currently building put out 3 bids for a community management company. Naturally, because of the type of board we have our community management company is in bed with them. This has caused 3 out of five board members to resign. The rift was ridiculous.

I wish I had that type of power to make changes just via the management company. lol

It's called I was on the board, I know what the documents read, I can't help it that when the board opens their mouth they are making their own bed. I can't help that the board directed management company to send just me a letter concerning commercial vehicles so I called them out on it! Yes, there are several residents with commercial vehicles so they the very next day instructed the management company to send our entire community a letter raising hairs I might add! Causing one owner of a home to put their house up for sale! That's sad!

In our rules and regulations it states we may have commercial vehicles as long as parked in driveway or garage. Now, being that my husband removed our lettering because he just does side jobs this doesn't actually impact us unless I get a Mary Kay car or he gets a company truck.

In their head the truck with turnpike on the side can stay because it is a state vehicle but they lay blacktop for a living. Again they are sticking with their own agenda.

Our last board meeting was at the tennis court on a Friday night at 6p????? Had to move it to a garage because it rained!!!! No management company, no agenda, no minutes.

We have pet regulations too, no more than two dogs. If the board wants to enforce rules then the owner with 4 dogs have to get rid of 2 dogs or the owner needs to move.

We are not suppose to put our trash out until the evening prior to trash day. All our nurses, doctors, business men/women who travel at times have to put their trash out before evening is in violation.

Mr. President has chicken wire at the bottom of his fence so his dog doesn't get into the neighbors yards and crawls on his hands and knees to cut the grass between. He is in violation. lol

Mr. President decided to paint his front door trim black when everyone else is tan? He is in violation. I could go on but I feel I made my point that if a board is going to enforce or try to implement changes the community needs to be informed and it shouldn't be just to benefit themselves. That is how my board roles.

Thank you everyone. I appreciate your professional thoughts and opinions and wish you could be a fly on the wall. I understand because you come from a board that communicates and is run properly that you can't wrap your head around this but it is what it is.

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