New HOA - Same issues

I attended my first HOA annual meeting in the development that we finally purchased in.

I learned a few things and saw some of the same things:

1) Maybe 20 lots out of 120 showed.
2) Even with money spent on food and a potluck, still a low turnout (in general - from my perspective)
3) Individuals still do not understand what the HOA is supposed to do and what it is for (some of those are on the Board).
4) This Association spent 10 minutes reading the minutes of the last meeting (vs. simply handing them out).
5) This Association has minutes that discuss everything (vs. just the facts).

The same complaints were there:

a) Parking overnight on the street - Nobody informed the membership that the HOA has limited authority. Many members thought the streets were private (they aren't, I checked that). There is a restriction but it's in the wrong document (Bylaws vs. CC&Rs). The funny thing is that part of the minutes from last year was explaining what the documents were. There is no common area except the entrance sign, hence they can't make rules. I mentioned that the County may have an ordinance on that - it either wasn't heard or I was ignored because the members wanted the HOA to make it stop.

b) Trash Cans left out - Same complaint, interesting thing is that one of the members admitted they were talking about her (as her trash can has been out for several days because it smells).

c) Dog excrement not being picked up - Happening on private property and public spaces (street). It was commented that some Associations have signs at the entrances - the membership voted to spend money on that (even though this is a board level decision).

d) Speeding - Talk about traffic humps and bumps. Saying it's unsafe (there are no sidewalks) especially when there are no street lights (but they don't want street lights).

Simply an interesting observation. Actually, I thought I was at my other Associations' meeting (the one where I serve on the Board).

Thanks for the update Tim - and am hoping that you will enjoy your new home!

oljim, in texas

TimB4, thank you for sharing this. I think often of how similar these problems are nationwide at HOAs. Do you draw any conclusions (hypotheses?) about why these challenges repeat and how they can be cured? Given their replication time and again, one would think there would be guides available to HOAs discussing strategies that are demonstrably effective (or at least give the best chance of being effective).

Ed, you may want to reread that statute. My understanding is that all they have to do is sign a statement that they have read the governing documents OR attend a training class.

To all who commented, thank you. To answer some of the questions:

The property is in TN (so I'll have to get familiar with those statutes).

It is self managed and, in my opinion done fairly well and transparent. They are spending money on things that I would find questionable in my Virginia Association, but I need to take some time to see why they do what they do first before commenting.

The development is about 10 years old.

Honestly, I'm not sure what changes I want to make (and my wife has informed me that I am not to become as involved in that Association as I am currently).

Definitely some education is required for everyone. However, first I need to educate myself.

The biggest commonality I see is that members expect government type of services from their Association which is beyond their scope of authority. Using the common problems:

Speeding - police issue, not an HOA issue (even if on private streets). Granted, some traffic calming methods can be instituted but at a cost and, from what I've learned, with complaints. The Association can spends tons of money on this issue with mixed results (and how many are willing to pay a special assessment to institute those measures).

Dog poop - There are jerks who own pets and will never clean up after them. You are likely not going to change that behavior. When the member doesn't know who is failing to clean up why do they think the Board knows? If the Board knows, what can they do about it, it is in your yard not the common area? How many Associations (or attorneys) would be willing to take a case of failure to pick up after your pet to court? Do you want the Association to fine the individual (if possible) and, if they refuse to pay - foreclose on their home? Think of the headlines on that one and how it will bring in the next buyer.

Parking - Unless the Association is going to institute (at a cost) window decals and enter into an agreement with an aggressive tow company to have vehicles towed that are violating the parking restriction - any parking restriction will fail. If the streets are public, then the Association will have to deal with non-member vehicles being towed without proper authority. Not a fun situation.

Trash cans (aka personal property, i.e. toys, etc.) - Unless the Association has a fining policy and a willingness to foreclose if fines are not paid, the issue will continue. Neighbors talking to neighbors will likely have more of an impact then the Association.

Associations are not the police, they are not parking enforcement, they are not animal control nor are they your parents to tell you to pick up after yourself. They are there to maintain the common area. They, just like the members, also have enforcement authority on covenants. However, I don't see those complaining about the unknown person failing to pick up after their dog or to put their trash cans away in a timely manner running to the courthouse to file legal injunctions on those people. Yet they want the Association to some sort of action (which may be limited to seeking such an injunction).

The need is education of everyone and, unfortunately, that doesn't easily happen. There are more anti-hoa sites on the web then actual educational ones. Individuals tend to only educate themselves when they need to, and that is typically only when they have an issue with their Association (I know it was that way with me). When this happens, they are drawn to the anti-hoa sites as those site appear to be on their side. Since some individuals educate themselves by shopping for answers verses actually trying to understand the situation and how to address it.

Perhaps those who are CAMS and those who serve on the Board can do a little more in the education arena. CAMS can hold free classes for their Boards and membership on what Associations are and what to expect. Boards can publish info more often and provide links to educational sites on their web site. Of course, anytime you get into education the law comes into play. This (especially in FL) may have some shy away as some bar associations have determined interpreting statutes as practicing law (we had discussion on this in the past).

Bottom line, I know the issue is education. I honestly don't know how best to implement such education as what I have been doing (which I've already shared) worked with some but not with others.

Again, thanks to all who responded.

Next month I'll get to listen to the same complaints when my Virginia Association holds it's meeting. At least this time I can sit back and chuckle silently knowing that these complaints seem to be wide spread.

Tim! I hoped you would move to Florida and become the President of my community!

Hey Tim:

Hope you like your new home ... We bought a new one also and closed end of May 2016. Had two homes until old one sold the end of November, but gave opportunity for me to help with finalizing the turnover and oversee election for owners to take full control from developer in September. I declined when owners wanted me to run for office because as I told them they needed a fresh start and my home was under contract. I did not want them to have to deal with replacing a BOD member in a short time frame. If they have questions or concerns, they have my phone number ... only had one call so far with a question about a past ACC meeting I had attended.

The new subdivision HOA meeting will be coming up this spring in April. Right now I have been enjoying the peace and quiet.

When I became the secretary and had the chance to look at the minutes from old meetings long before I got here I was astounded. Dog leashes, dog poop, and parking issues for over 20 years, sometimes with a few months or maybe a year in between occurences. It never seems to change much no matter the distance between locations and/or time.

Hm, what's past is prologue - brace yourself because you may end up volunteering for this association (they sound like they really need you, even if it's as simple as learning how to do minutes!)