PaulaW2 (Hawaii)
Posts: 23
Posts: 23
Posted:
Aloha, I'm new to this forum and I'm new to being on an HOA board (I'm the Treasurer), so I'm glad to find a forum like this.
This HOA is very small, 34 lots, mostly built out, the developer turned control of the HOA over to the homeowners just about a year ago. At that time there was one homeowner who started building on his lot about nine months prior to the turnover. Rockwalls in Hawaii are common place, and most subdivisions will require a tall rock wall to be tiered. Our CC&R's require that a wall not be taller than six feet, so if a homeowner tiers the wall and wants it to be tall, each tier can be no taller than 6 feet. We have one homeowner who is causing a rift because he has built one wall that is 11 feet tall. The developer indicates he sent a Cease and Desist letter prior to turning over the management, however, no one has seen that letter yet. We have a professional property manager (from whom we will disengage at the end of the year), they finally sent a C&D letter in late May, which was sent certified, but the homeowner did not pick it up and it was returned. Since then, there has been no action, just a lot of complaining. In June, our BOD was recalled (for unrelated reasons), so we are now a three member, new board and we are struggling to figure out how to handle this. The homeowner is now actively building, he was recently issued another C&D letter by the property manager at our urging, we don't yet know the status of that letter. We have engaged in a discussion with our association lawyer about our legal position, but the cost of pursuing any resolution at the court level is going to be prohibitive. We are considering arbitration, but are not sure exactly how to start that process. The wall inhibits air flow to the home just in front of the property and creates a darker environment at the back of that house. While that homeowner complains bitterly, he has done nothing on his own to curtail the building while it was going on or now that it is complete. We understand that he is now selling that house and has bought another one somewhere else.
In a nutshell that's our biggest problem, have any other members on this forum had to deal with a similar issue and how did you resolve it? Sorry, I think I need to create a profile, but for now, my name is Paula.
This HOA is very small, 34 lots, mostly built out, the developer turned control of the HOA over to the homeowners just about a year ago. At that time there was one homeowner who started building on his lot about nine months prior to the turnover. Rockwalls in Hawaii are common place, and most subdivisions will require a tall rock wall to be tiered. Our CC&R's require that a wall not be taller than six feet, so if a homeowner tiers the wall and wants it to be tall, each tier can be no taller than 6 feet. We have one homeowner who is causing a rift because he has built one wall that is 11 feet tall. The developer indicates he sent a Cease and Desist letter prior to turning over the management, however, no one has seen that letter yet. We have a professional property manager (from whom we will disengage at the end of the year), they finally sent a C&D letter in late May, which was sent certified, but the homeowner did not pick it up and it was returned. Since then, there has been no action, just a lot of complaining. In June, our BOD was recalled (for unrelated reasons), so we are now a three member, new board and we are struggling to figure out how to handle this. The homeowner is now actively building, he was recently issued another C&D letter by the property manager at our urging, we don't yet know the status of that letter. We have engaged in a discussion with our association lawyer about our legal position, but the cost of pursuing any resolution at the court level is going to be prohibitive. We are considering arbitration, but are not sure exactly how to start that process. The wall inhibits air flow to the home just in front of the property and creates a darker environment at the back of that house. While that homeowner complains bitterly, he has done nothing on his own to curtail the building while it was going on or now that it is complete. We understand that he is now selling that house and has bought another one somewhere else.
In a nutshell that's our biggest problem, have any other members on this forum had to deal with a similar issue and how did you resolve it? Sorry, I think I need to create a profile, but for now, my name is Paula.