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CourtneyL (Pennsylvania)
Posts: 2
Posted:
Hi all! I was hoping to get some advice as this is a first for our (relatively new) HOA. We have homeowners going through a divorce-both are on the Deed. Wife moved out and husband continues to reside in the home. Apparently, husband removed the license plate off one of their cars and parked it in the driveway. (Our Declaration requires vehicles to be registered/licensed.) It is backed all the way down the driveway, so you would have to access the property in order to see no rear plate is on the car. (Pennsylvania only has a rear license plate.) Wife asked me twice now to have the Board write a violation notice to husband regarding the car. I should note, wife is also a friend of mine. Today I told her she would need to bring her concern to the Board as a whole (we have a dedicated email address), rather than to me as her friend-which she said she would do.

This is the problem... We wouldn't typically send a violation notice for something like this unless it was an egregious offense (rusted out, beater car) or if the car was left without plate for some length of time. The car is a very nice car, so we are not talking about an eyesore. As her friend, I also know from wife that (only) she is on title of this car. Therefore, I believe wife is making this complaint as a means to intimidate or harass husband.

I am torn because on one hand I know the Board has a duty to enforce the HOA rules. On the other, I think it's a slippery slope to get involved in a husband/wife dispute. Advice would be greatly appreciated. Thanks!
MarkM31 (Washington)
Posts: 494
Posted:
Stay outa it
TimB4 (Tennessee)
Posts: 21,059
Posted:
Nobody from the Association should trespass on private property to verify, or identify, a violation.
That advice came from our attorney when someone complained about trespassing for violation purposes.

If the Board can not see the violation from common area (sidewalks, street) then they can not verify.

If the Board does receive a notice of a violation, go check it out.
However, do not enter the property. Then simply reply that the board did not see said violation.

As others have said, both as an Association and as a friend, stay out of it.
Offer support by providing a listening ear if needed. However, do not recommend a course of action or become involved beyond listening. It's simply not worth it to anyone.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Since the couple is going through a divorce, let the court handle it. Do not interfere with the judicial proceeding.

MarkM31 (Washington)
Posts: 494
Posted:
As the owner of the car and a titled owner of the house I would fine the wife
CourtneyL (Pennsylvania)
Posts: 2
Posted:
Thanks Tim, great advice
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By CourtneyL on 04/03/2017 11:02 AM
We wouldn't typically send a violation notice for something like this unless it was an egregious offense (rusted out, beater car) or if the car was left without plate for some length of time.

Stick with what you typically do.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Don't get involved. Simply state that it's not an obvious public violation. Even the police could not enforce this. Plus remind her that if the HOA does write up the violation, she could be responsible too for paying it. If she's a member, then the HOA holds the member responsible regardless if they call in their own violation.


Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Until a BOD receives a formal, written complaint there is nothing for them to do. Once received, they have several courses of action one of which is benign neglect.

Benign Neglect: an attitude or policy of ignoring an often delicate or undesirable situation that one is held to be responsible for dealing with.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By MarkM31 on 04/03/2017 11:43 AM
As the owner of the car and a titled owner of the house I would fine the wife

OMG ... LOL ... Mark you gave me my laugh of the day. Love your sense of humor ... I think many times it passes over some peoples heads

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