CHRONIC OFFENDERS

We have a chronic offender in our HOA who has parked a multitude of things in front of their house in violation of HOA rules. The HOA management company writes the usual letters, time passes and eventually the offending item is removed before a fine is triggered. This can take 2 or more months and all the while the crap is sitting in plain view. First, its a junk car. Then, a boat. Then,a junk appliance and then the boat shows up again. The net result is no fines are paid but junk sits out in plain view for several months during a year.

Do any of your HOAS have a procedure for addressing the situation I have described above? Please describe it and compare it to your normal procedure.

Thank you

Larry,

From your previous threads I know that the developer is still in control of the Association.

Although I have no first hand knowledge, from what I've read, the developer will either enforce stringently or rarely.

My suggestion would be to contact the Developer and point out the issue. Explain that it may drive away potential buyers to the development. This may help. If it doesn't, then you will likely need to simply wait until the Association is turned over to the members.

Our enforcement policy is:

1) Informal warning (written or verbal)
2) Formal warning (30 days to correct)
3) Notice of Hearing before the Architectural Committee
4) If not resolved, Notice of Hearing before the Board
5) Court

Yes, such a policy can be taken advantage of.
However, we feel it's fair for everyone.
It's up to the Board to take the appropriate steps and use the correct language when someone takes advantage of the policy and cite it as a continuing violation (vs. a one time issue).

If it's a junk car, boat or anything on wheels (or attached to something on wheels), our security officers post a yellow sticker on the window with instructions to call one of them to discuss the matter. If the owner doesn't call and the thing remains the next time our security officer comes by, he calls a tow truck. Junk cars (aka hoopties) are why our association began hiring security officers (they started work about a year before I moved here.)

As you may recall from some of my previous posts, the junk appliances, sofas, water heaters (and at least one toilet!) tend to wind up somewhere in our dumpster shed, which of course, the city doesn't pick up and our handymen have to remove and get rid of it. Last summer, I did see one guy drive through and visit our various dumpsters to remove certain crap - I thought he was yet another illegal dumpster (and had already taken a photo of his plates!) when he removed one piece explaining he drives through some neighbors looking for metal he can turn around and sell for scrap. I know taking stuff out of the garbage is supposed to be illegal, but frankly, I was happy he was doing this!

As for other things (like the former renter who had one of those rental storage things in the parking lot), we send out a letter and if there's no response, the board will decide if it wants to turn the matter over to our attorney. Sometimes the letter is enough, but in the case of the rental storage thingy, our president called the company. Turns out they were already ticked off at the resident because they hadn't paid the rental fee, so they came out and hauled it away. Don't know if anything was in it, but who cares?

Expecting that the Developer doesn't want to label the issue as repeat violations, once the members have control they can label the issue as repeat violations and take additional steps. Another option is to specify, through a resolution, a time frame that would identify a repeat violation.

For example, in our pet policy, we specify that any repeat violation (in this case, picking up after your pet) within 180 days is considered a 2nd violation and a monetary penalty is assessed.

Interesting. I hadn't considered that the developer wouldn't want to draw attention to the fact that there's a chronic offender. Makes sense.

I want to thank everyone for responding. To answer a few questions...We are under builder control via a management company but expect that to end within 6 to 12 months. Our CCRs specifically prohibit boats and junk vehicles but they are a bit vague on junk appliances. The CCRs allow for fines, specify a series of warning letters but do not specify time intervals for warning letters or amount of fines. The boat appears in the driveway and in the road in front of the house. Likewise for the junk car. The junk drier was in the front side of the house next to the garage and the driveway.
I contacted the HOA management company via e mail and asked if they had a chronic offender policy and to formulate one if the answer is no. I'm still waiting on a response and will most likely wait till hell freezes over.

When the time gets close for the transition from builder to resident control I'm sure the management company will be more responsive to our needs. But that will be too late. The residents will determine what to do about chronic offenders and also what to do with the management company.

And speaking of transition, If anyone has the name of a good HOA lawyer in the Fort Worth, Tx area please e mail me at [email protected].

Generally, the CC&Rs give the Board the authority to set fines and make other rules. Do yours, Larry?

There is a board of directors now, right? Who's on it? Can you complain to them instead of the PM?

In our community our fining policy lays out that if the same incident occurs within 12 months of the prior notices, the process simply picks up where it left off rather than starting all over again.