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LizardK (New Jersey)
Posts: 2
Posted:
Hi,

If a violation is reported to the board on August 1 and nothing is done by January 1. Can a homeonwer take a photo from the common area of the violation and put on the web?

Photo 1 - August 1 - violation photo and note sent to board
Photo 2 - January 1 - showing nothing has been done

By violation I mean garbage (bottles, broken mops, paint cans, food, clothing...).

By common area I mean the lawn, parking spot, bushes and limited common area of decks and patios.

There is nothing in the Master-deed that talk about photos. It is a violation of invasion of privacy, liable and slander is some way or something else?

Lk
TimB4 (Tennessee)
Posts: 21,061
Posted:
Lizard,

Taking a picture from the common area of a home should be ok.

Depending on your governing documents, there may be limits on what the Association can or cannot do.
The violation still existing is not the same as nothing being done. Letters may have been sent and discussions are occurring.
Letters may have been sent and monetary penalties imposed.
Or the Board did nothing at all.

Until you ask the Board what the status is, then you simply know that the violation continues. You do not know if anything was done by the Board to correct the issue or not.

Posting it on the website has a few questions:

Are you a member of the Board?
Is the website an official Association site?
What is it you hope to accomplish by posting such a picture?

AugustinD
Posts: 5,144
Posted:
If the visually offensive area is visible to all from the common area, I see no invasion of privacy or other violation of the law resulting from posting a photo on the web. For any wording accompanying the photo, stick to the facts: HOA Rules XYZ states, "______." Board was notified. It is not known if the Board has taken any action. The garbage et cetera outside lowers property values. Does any HOA member want to reduce the value of their property?
SheliaH (Indiana)
Posts: 6,964
Posted:
If this is a homeowner (a neighbor, perhaps?), it's possible the board was contacted but the homeowner is playing hardball for whatever reason. Maybe you can take a photo (time and date stamped) of the problem and send a copy to the homeowner (in confidence, of course) with a reminder of the rules. Sometimes people have to see what their mess looks like every day in the eyes of other people (especially those living next door too or across from them) before they wake up and fix the problem.

As for the board, you could send the photo to them and the property manager, if you have one, with a reminder of the date you reported the violation. If you have any documentation of that, such as an email, that would be even better. I might follow with calling the property manager or attending a meeting (with the same information) and asking the board if they received the information and if the issue is being addressed (at the very least, it could have sent you a letter advising you the complaint has been received). What happens between the board and homeowner is between them.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DaveD3 (Michigan)
Posts: 796
Posted:
Is there a reasonable expectation of privacy in the area that you want to take the photo?
LizardK (New Jersey)
Posts: 2
Posted:
Hi,

Thanks for the information.

My intention is to show the board that they are acting in an discriminatory way by not addressing issues of homeowners that are the same nationality. they basically ignore the bylaws of the community.

In the past 6 months I have witnessed with my own 2 eyes happen infont of me the following:

1) a mother tossing dirty diapers on her deck during the day and then have her mother pick them up at night
2) people leaving pots filled with left over food left on the deck for the animals to eat
3) unit owner removing the window shades and the mother and child walk around naked, it was explained to me that where they are from is very hot. - the police were called and they investigated
4) cars parking on the lawn
5) an 10 year old tell an 5 year old girl that he was going to kidnap her and $#$% her - the police were called and they investigated
6) same 10 year old boy know a birds nest down and stomp on the baby birds - the police were called and they investigated
7) a group of 9 adults surround the mother of a child that was punched in the face by one of the children adults. - the police were called and they investigated

My intention is to show to the homeowners that the board is not performing their responsibility and properly maintaining the property.

By luck, I do own the URL name for the community, it is a cool name and has an interesting history. I can create a web site that will show the violation and when it was reported and then 3 months later the problem still exists.

Many residents have tried to talk to the board and they are so arrogant that they do not think they are doing anything wrong. If any one questions anyting, they think you are trying to attack them.

Plain and simple, our by laws state that you can not dry your laundry on your deck, if you question it, they think you are personally attacking them.

Lk

TimB4 (Tennessee)
Posts: 21,061
Posted:
Lizard,

The issue of items being left on a rear deck is different then items being left in the front yard.

Showing that the Board is treating one Lot different then other Lots is a defense in court or a campaign speech.

Have you simply considered gathering support and replacing those individuals who serve on the Board with individuals who will comply with the governing documents (you perhaps)?

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