Beginning to Enforce Rules

Started by KaseyS • 3 replies • 1093 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

KaseyS (Texas)
Posts: 1

Posted:

For a while our HOA did not have a very active Board or ARC. Recently new members have been appointed and would like to begin enforcing rules. They have not been enforced in years. Our CCRs clearly state that driveways are not allowed to be extended, however several homeowners have done this. We have learned by several members that they never knew the HOA rules, have seen the documents, etc. We have the rules posted on our website and FB page, however, we don't personally give them to new homeowners. Anyway, our ARC believes that anyone who has extended their drive should have to tear it up and get rid of it. Others believe everything should be grandfathered and rules begin to be enforced on a specific date. The board and ARC are in a huge disagreement about this. Thoughts?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Here is what you can do... A HOA is up to the owners to decide how/what they want. If you don't like a rule, then a majority of members can vote to change it. It will take some effort but a good idea to take the opportunity to update/correct existing documents every 7 to 10 years. (IMO). The number required is in the documents. Some HOA's require 51% to 100% of the owners to agree to a rule change. Once changed, then the CC&R's/Articles of Incorporation will need to be filed at the courthouse.

So if a majority of owners don't have an issue with the driveway extensions, then it can be modified in the rules to allow this. If it is still an issue of doing so, then the HOA can keep disapproving option. Some HOA's are able to enforce the removal by first requesting the owner take action. If they do not, then the HOA can do it at their cost and send the owner the bill. If that owner does not pay that bill, then the HOA can file a lien for that amount. Now it is "tricky" about how to actually cross that line to enter the property. I can't comment on how every HOA is set up in order to make that happen. Ours it was allowed due to common area allowances. Other HOA's it could be more problematic. It's up to your HOA to decide.

Former HOA President

DouglasK1 (Florida)
Posts: 2,046

Posted:

Not that it answers you main question, but the board has ultimate responsibility for running the HOA, so the boards opinion wins over the ARC members. In a pinch, the board can replace the ARC members.

Escaped former treasurer and director of a self managed association.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By KaseyS on 06/30/2017 1:59 PM
For a while our HOA did not have a very active Board or ARC. Recently new members have been appointed and would like to begin enforcing rules. They have not been enforced in years. Our CCRs clearly state that driveways are not allowed to be extended, however several homeowners have done this. We have learned by several members that they never knew the HOA rules, have seen the documents, etc. We have the rules posted on our website and FB page, however, we don't personally give them to new homeowners. Anyway, our ARC believes that anyone who has extended their drive should have to tear it up and get rid of it. Others believe everything should be grandfathered and rules begin to be enforced on a specific date. The board and ARC are in a huge disagreement about this. Thoughts?

Check your State Laws ... In my state if someone placed permanent construction item such as extending a driveway and the HOA did not file a lawsuit within one year or less in a Lawsuit the HOA would LOOSE!!! Essentially the HOA would have one year to enforce the CCR's ... if they do not then too bad so sad ...

Therefore my quesation would be ... how long ago did owners place potential "permanent construction item" (a.k.a. Extending Driveways))???

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here