New restrictions

StacyJ2 (California)
Posts: 14

Posted:

I was cited and fined for garage door not being completely shut. CC&R's say I am allowed to have door open as long as I am working in the garage. After the fine -which they also fined me for not going to the meeting, which I was not contesting the fine, and the notice did not say my attendance was mandatory- they have attached restrictions to my use of the garage. They are contradictory in nature. Fist- says I am only allowed to open garage door to enter or leave with vehicle and to put in or out the garbage can. A paragraph later- it then says I can only have the door open for 1 hour.

Very confused- I paid the fine, even though I was working in the garage. But now...I am allowed to work in the garage or not? Can additional restrictions be added if you have been fined for violating a rule?

Sorry- newby to living in an HOA community. TIA!

SheliaH (Indiana)
Posts: 6,964

Posted:

Your questions are best answered by the board and by reading your documents. The documents may also give the board the authority to enact additional rules as long as they don't violate the CCRs, so you may need to check previous board meeting minutes to see if any were enacted.

You don't say what you were using your garage for, so it may be there's a concerned about noise or smell, perhaps both. That said, I personally think it's rather heavy handed to limit one's garage door being opened to one hour - as long as you aren't causing a commotion, what's the problem? I also think it's ridiculous to limit the garage door to be opened only when putting out the trash or driving one's vehicle - perhaps there's a misunderstanding as to what that part really says?

Since you are new to the neighborhood, go to a meeting, introduce yourself and request an appeal of the restrictions. That can help clear the air on a lot of things.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

RichardP13 (California)
Posts: 3,868

Posted:

They have NO authority in restricting the use of your property in the matter in which you have described.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I wouldn't have paid the fines.
I would have gone to the meeting.
I would ask by what authority are they restricting the use of my property differently then those restrictions placed on others.

StacyJ2 (California)
Posts: 14

Posted:

I am learning quite a bit from this forum. After digging up my CC7R's- they are from 2008. (ack)While it does explicitly say no partially open doors, the only restriction on completely open is the owner must be working in the garage. I don't have issue with the fines as I did break that rule. There is nothing in there limiting it to being open time wise. So, that I do have a huge problem with.

An even bigger issue is the fact that they are violating the Open Meeting laws here in CA- which I have learned about from here and now google searching. The only notice they give of meetings is a sign put out in the entrances the day of the meetings, and they never send out an agenda.

They have approved work that runs into the hundreds of thousands of dollars while violating these rules. Very frustrating as the last work required an assessment of over $7000 per unit for siding and painting. The siding was not removed and replaced in its entirety- only sections removed. There are new areas of failure on my siding (where it wasn't replaced, and the paint is failing overall - work done in the fall of 2014. There is also issues with decks rotting, and rain gutters- both areas painted, then needed to be removed and repainted, or in the case of the gutters, not painted and now are a mismatch.

There are other issues- my grass was killed when the water was turned off for the siding project- the first two years there was bare dirt, now that we are getting rain- the "grass" is nothing but weeds. Did I mention this is on a slope? yep- dealing with that area sliding. The last time I inquired when they were going to repair that landscaping- I was told I had to apply for a landscaping plan and "renovate" it myself- if I got approval. Say what? Smh...

My first steps- get my hands on a current copy of the CC&R's- as they have changed rules since I have been there beginning in 02/14. No doubt there were changes prvious to that and since 2008.

Second step- possibly hauling them into small claims for the open meeting violations.

I see nothing in the CC&R's that I have about contacting the other residents/members. Of course I will wait until I get the most current copy of rules, but I am thinking it is time to let the other members know that they are meeting without the appropriate notices- especially since our rates continue to climb, and we are now seeing very expensive work we paid for failing within 3 years time.

StacyJ2 (California)
Posts: 14

Posted:

Sheila- sorry- I meant to add: I was painting furniture or cleaning my garage. I had the door partially open (it gets very hot in CA during the summer - well over 100 degrees in the garage)to prevent dust from settling in the paint, and to let out some of the hot air. Smells are minimal with low VOC paint, but I guess there could be an objection to that. SO yes, technically in violation since the door was sometimes partially open- supposedly never to be partially open.

StacyJ2 (California)
Posts: 14

Posted:

Oh, and not really new to the neighborhood. I moved in February 2014. These issues came up AFTER I took issue with the siding problem the end of 2014- the dead lawn, a rotten retaining wall, a damaged tree that fell over. Apparently inquiring about those things was a no no, lol.

The lack of notification about meetings- the signs go up usually after I leave for work, and since I work long days, meetings either start before I get home, or I am flat out too tired to go. I did attend one, and the elderly residents seemed to be using it as a gripe session about younger new residents, so I haven't been back. In the almost 4 years time- I have NEVER seen an agenda, not once- nor any minutes (have never asked for them though either).

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By StacyJ2 on 11/18/2017 9:28 AM
Oh, and not really new to the neighborhood. I moved in February 2014. These issues came up AFTER I took issue with the siding problem the end of 2014- the dead lawn, a rotten retaining wall, a damaged tree that fell over. Apparently inquiring about those things was a no no, lol.

The lack of notification about meetings- the signs go up usually after I leave for work, and since I work long days, meetings either start before I get home, or I am flat out too tired to go. I did attend one, and the elderly residents seemed to be using it as a gripe session about younger new residents, so I haven't been back. In the almost 4 years time- I have NEVER seen an agenda, not once- nor any minutes (have never asked for them though either).

I would not go by the CC&R's that you were handed at closing, I would use the CC&R's that are filed with the title to your house. Those are available from the Recorders office.

You are lucky, my CC&R's state garage doors should be open no longer for ingress or egress, and we are prohibited from doing "restorative" work on vehicles.
If we ant to work on our cars, the garage door has to be closed.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By StacyJ2 on 11/18/2017 9:23 AM
Sheila- sorry- I meant to add: I was painting furniture or cleaning my garage. I had the door partially open (it gets very hot in CA during the summer - well over 100 degrees in the garage)to prevent dust from settling in the paint, and to let out some of the hot air. Smells are minimal with low VOC paint, but I guess there could be an objection to that. SO yes, technically in violation since the door was sometimes partially open- supposedly never to be partially open.

Well, I think these particular rules are silly, so I hope you do attend the next meeting and press for a better explanation, and if you do end up suing them, I think you have a good chance of winning. That said, the lack of open meetings is separate from the garage issue, so I'd suggest addressing that first. Then, have a talk with a few of your neighbors - you may find several find the lack of transparency equally disturbing. All of you need to start attending the next few meetings, if not more, and start asking questions. They may balk at first, but it's a little tougher to say no to a bunch of people.

Perhaps the next annual meeting should bring a change in board members, among other things. Once you get your garage issue resolved, I hope you consider running for a spot or getting involved on an advisory committee (someone needs to look at those CCRs if they say silly things like you can only be in your garage for an hour)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

PaininyourA
Posts: 215

Posted:

I believe the restrictions in question are DELIBERATE in order to prevent the garage from any use other than its intended purpose:

PARKING A MOTOR VEHICLE

StacyJ2 (California)
Posts: 14

Posted:

The CC&R's I got at closing look like they are from the 80's when these were built. I am not seeing any new dates on those. The Rules& Regs are from 2008. I am guessing I would need to approach the management company for a newer complete set of those? I know at least one rule regarding residents updating landscaping has passed since I moved in.

Yes, the partially open thing is silly IMO as well. I would rather see a partially open door than the complete interior of a persons garage. What do I know though, lol? Fully open or not at all.

StacyJ2 (California)
Posts: 14

Posted:

Quote:

Posted By SheliaH on 11/18/2017 12:30 PM

Posted By StacyJ2 on 11/18/2017 9:23 AM
Sheila- sorry- I meant to add: I was painting furniture or cleaning my garage. I had the door partially open (it gets very hot in CA during the summer - well over 100 degrees in the garage)to prevent dust from settling in the paint, and to let out some of the hot air. Smells are minimal with low VOC paint, but I guess there could be an objection to that. SO yes, technically in violation since the door was sometimes partially open- supposedly never to be partially open.

Well, I think these particular rules are silly, so I hope you do attend the next meeting and press for a better explanation, and if you do end up suing them, I think you have a good chance of winning. That said, the lack of open meetings is separate from the garage issue, so I'd suggest addressing that first. Then, have a talk with a few of your neighbors - you may find several find the lack of transparency equally disturbing. All of you need to start attending the next few meetings, if not more, and start asking questions. They may balk at first, but it's a little tougher to say no to a bunch of people.

Perhaps the next annual meeting should bring a change in board members, among other things. Once you get your garage issue resolved, I hope you consider running for a spot or getting involved on an advisory committee (someone needs to look at those CCRs if they say silly things like you can only be in your garage for an hour)

Yes...the garage issue is a mere annoyance. But, now that they have annoyed me and I am looking into things, I am getting angry. The crappy, and very expensive work they are having done, while not providing open meetings has really got my knickers in a twist. I am looking at updating this unit and selling it. And...having to spend $$ apparently on repairs I have already paid for, and paying for landscaping that they killed.

I have spoken with a couple of neighbors.Sounds like plenty of frustration- they just don't want to get involved with the board members either.

StacyJ2 (California)
Posts: 14

Posted:

Quote:

Posted By PaininyourA on 11/18/2017 1:04 PM
I believe the restrictions in question are DELIBERATE in order to prevent the garage from any use other than its intended purpose:

PARKING A MOTOR VEHICLE

Yes, well....my garage door being open a few inches is a huge problem, I realize - sarcasm - Meanwhile, the rules regarding parking in garages and not driveways is not being enforced at all. Most do not park in their garages, and their garages are storage sheds and in one case- a man cave. So, garages being used as garages doesn't seem to be a high priority.

I could become a bitter shrew and zip off a complaint for every violation I see daily, but that isn't who I am I guess.

The open meeting violations is definitely one I am going after though.

We are residents, not revenue sources. I don't appreciate them blowing through our money on shoddy over priced "repairs", ignoring items until they are beyond repair, and then citing and fining us (have an email where she brags about the amount of citations they send out monthly....)in order to bump up revenues- and of course ignoring the violations of their buddies. Smh

PaininyourA
Posts: 215

Posted:

..... my garage door being open a few inches is a huge problem, I realize .....

nope

your use of the garage for purposes OTHER than parking is WHY the 'silly rule' is necessary

TimB4 (Tennessee)
Posts: 21,059

Posted:

John,

I use my garage for parking my vehicle.
I also keep my garage door open a few inches during the day to help air circulation and cool the garage.

In my opinion, the issue appears to be that either someone is being over zealous in their enforcement effort or the OP ticked someone off who is reporting (what I see as) stupid violations with an enforcement arm of the Association being a bit ridicules.

That said, we have only heard the OP's side of the story. If both sides were known, my opinion may or may not change.

PaininyourA
Posts: 215

Posted:

The OP has these options:

Adhere to the rules in place.

Change the rules as per the rules' options.

Obtain the help of the judicial system.

Continue to be contentious (and pay the resulting price) thereby risking their home.

Move.

? Why would a BOD 'single them out' ?

If they WERE singled out, why have they not obtained legal counsel ?

Could they be mere trolls such as myself ?

meter at 100%

OUT

LetA (Nevada)
Posts: 2,679

Posted:

We have a big problem in my HOA with people leaving their garage doors fully open with 4 couches 2 big screen TV's, a kitchen table, and
we have bleeding hearts that leave the garage door ajar so they can feed feral cats. Our neighborhood is overrun by feral cats, with cat crap all over
the place, cats that sit on our block walls can teas my dogs etc.

The rules are the rules, may not disagree with most, but for one, I don't want unwanted critters in my garage, four legged or two.

KerryL1 (California)
Posts: 14,550

Posted:

Since you seem to want to learn about HOA matters, it looks like you might have CC&Rs and rules mixed up. Usually CC&Rs give the Board the authority to make rules about all manner of things. The rules may not contradict the CC&Rs. It's very possible they've never been amended since the '80s.

So, you easily could have a bunch of revised rules in '08 and some since then. In CA, for the past few years, proposed rules must be sent to owners for a 30-cya comment period before the Board votes on them. that was not the case back in '08.

Fining you for not attending your vocations hearing probably is illegal. How are absentee owners supposed to attend these hearing when they live in Ohio, etc.?

Board meeting notices & agendas must be posted in a public place (like in our condo malt rooms) 4 days be fore the meeting. This is no requirement to send the agendas to the Owners.

Do you have a property manager, Stacy? OH, I see you do. Yes, get copies of the rules and of the CC&Rs from your PM. If sent to you as attachments, they might not charge you. If you want hard copies, they can charge you. Does the PM have an office on your premises? I'd also ask the PM why meeting notices & agendas aren't properly posted. If the PM is certified, s/he is supposed to abide by CA laws. What size is your HOA?

Some gave you options for solutions, but one that was missed is banding together with other owners to change the existing board at the next election.

To learn more about CA HOAs, visit davis-stirling.com

GenoS (Florida)
Posts: 4,276

Posted:

We've got rules & regulations regarding garage doors here, as do most HOAs in the county. You can leave the door open a foot or so for ventilation during the day, but otherwise the door should not be completely open unless the resident is in or around the garage.

It's not silly. We had one owner who stuffed his garage to the gills with everything but his automobiles. He'd then leave the door all the way open for most the day, every day he was home. It made that part of the community look trashy. There are other homes with garages similarly packed with junk, but they don't leave their doors open. If they did then half the place would look like a villa miseria.

I certainly don't want to look across the street and see my neighbor's old mattress, power tools, bicycles, and workbench plastered with NASCAR stickers every day.

We tried the nice-nice approach: "Hi, neighbor! Say, we don't appreciate looking at your pack rat garage junk all the time. Do you think you could keep your garage door closed when you're not in it?" Yeah, that worked real well (/sarcasm). We're moving toward enforcement and that's one of the Top 5 things we're going to address.

That's why garage door rules exist, at least in Florida, and they're not silly.

StacyJ2 (California)
Posts: 14

Posted:

Just to clarify a few things:

Yes, new to living in an HOA- prior to purchasing this home, had never had one before. So- very much learning on the fly. And is so true with most things in life- only after there is a problem.

RE the garage door rules: yes, apparently having a friend who is also a probation officer for the county (no, I am not on probation, I have not even had a traffic ticket in over 12 years) visit my home (I was recovering from a major back surgery so he would stop by to check on me and help with things I could not do) so alarmed a RENTER down the street that he is the one who is screeching, or at least I am going with that assumption based on his other actions. He has been caught coming out and taking photographs of all of my visitors (I have 6 children and 8 grandchildren, so yes- I get visitors on a regular basis) autos, license plates, and themselves. I am on the verge of filing a civil protective harassment order against him- as advised by my friend, who no longer visits me here in uniform. The cop hatred is disgusting - spoken as the widow of a cop. Yes, I was "warned" about this by the HOA manager- first questioned as to whether I am on probation, questioned as to whether my daughter or grand daughter who live with me were on probation etc, then told I could not have visitors. Our HOA manager was who I spoke to with that- and she did get an earful right back- told to stuff the crap about not having visitors up her azz....and had my friend contact her as well. I am sure she was not happy having LE contact her.So, yes- I am aware of the one neighbor I seem to have ticked off. They ONLY thing he manages to have accomplished with his antics is my now digging and finding far more serious issues with the BOD and management company. Yes, the garage door was opened partially while I used the garage- either for projects or to clean it (as allowed by the rules, so the rude guy can stuff that where the sun doesn't shine, thanks!), or to release the extreme heat. ooops my bad....fines paid. As of right now, the garage door is NOT being opened FOR ANY REASON, and I have installed an alarm on that door-
this is an unacceptable thing to have to do.But, since they will not attach PROOF of the door being open, a necessary step (they take photographs of everything else....)Unfortunately for the HOA, this does not appear to be a rule that is enforced equally. That will be addressed later. AND, it has nothing to do with other issues- such as their negligence resulting in dead landscaping.

Yes- I have used the wrong term for the CC&R's, by laws, and rules and regs. Eyeroll....Regarding those documents though: When I purchased this condo- a copy of all of those, the minutes, and more was requested. I paid (or the seller paid) as part of the closing costs well over $600 for those documents in 2014. In now going through them page by page- the CC&R's are from 1983. Many (almost half) are not readable. They appear to be very bad scans of microfiche. There are zero updates or any indication anything has changed with them.I have no idea how often or if changing those is normal- but appreciate any input regarding that. The same applies to the by laws- but those are at least readable. No indication if there have been additions or modifications since 1983- given that the laws in CA have changed, I find that hard to believe. There is a copy of the rules and regs- from 2008 in there. Actually 2 copies- one left on the kitchen counters from the prior owner, and one from the HOA as requested through the title company. There are ZERO minutes, and ZERO financial statements from the HOA as requested.The owner had included a couple of newsletters, and financial statements.Those were also requested through the title company- but not included. So- this is a big issue. A large sum or money was paid for an accurate and up to date copy of all of the necessary documents (as I am now learning about) and they were not produced.

No, after discussing with other neighbors I do no think they are "singling" me out on their own. They seem very proud of the citations and fines they levy as a whole. Yes, there is a jerk - who seems to be targeting others as well- that has settled on this issue, as it requires no actual proof other than his say so as a way to annoy me. For another neighbor- it was another issue. There always seems to be at least one, right?

Like I said though, the result of his antics, as well as the manager's BS answer to my request about some repairs, is my now digging through these issues.

The issues (please bear in mind, I bought this condo in 2014):

The dead landscaping- killed when the residing project took place in 2014. I had bare dirt for all of 2015 and 2016. Only recently has weeds sprouted up in place of the dead grass.I have asked WHEN the damaged landscaping was to be fixed (after 3 years) and was told I can get estimates, submit a plan to "renovate" the dead area, seek approval, POSSIBLY get approval (drought rules are still somewhat in place), and then pay MYSELF to replace what their negligence killed.Not going to happen.

The shoddy residing: Each unit had to pay in excess of $7000 (mine is one of the largest floor plans at 1300sqft)for the residing and painting. The siding was not removed in its entirety and replaced- only small portions which were showing obvious rot). Now the old sections are showing rot- so here we will go again... Nothing was properly prepared for painting. I have found wasps nests which were painted over. So, now in some areas the paint is failing after 3 years. Decks were painted at the same time. Unfortunately- most of the decks are original and rotting.So, they are now having to replace the decks (should have been done at the same time the siding was done and prior to painting) and the pay AGAIN to have the rails painted. Almost every other unit has had this done- mine has not been touched, and there is currently no deck work going on.I have a stack of spindles sitting on my walk way that have fallen off. There are floor boards (don't know what those are called) that the frame work is so rotted, it wont hold screws to hold them in place. Mind, I have a back full or hardware, a fall could be very bad for me. They refuse to give me a timeline as to when those will be repaired/replaced- they seem to only want to brag about how much $$ they have spent on it. Well, that's fabulous (sarcasm) but my decks are still rotted.

Rain gutters: repaired AFTER the painting. And again, not replaced in their entirety so we have old and new mixed together.The old parts are of course failing. Mine had some very creative downspouts put in - downspout in the middle of the gutter run, downspout ends on upper portion of lower roof, so now when it rains- my deck gets flooded by spillover that should be in a downspout, not freely pouring over lower roof. SMH

Other landscaping issues:Rotten retaining walls were replaced. The one directly by my my unit, they cut through the supporting roots of a large tree. Tree fell over in a storm- thank heaven into the street and not onto my home. Now, since they have not replaced the tree with another tree or other landscaping- that slope is now sliding and a large sink hole is opening up. Again, my request to them repairing what their negligence has cause was met with my getting estimates, submitting a plan to the board, and paying to "renovate" this common area. Umm....nope.

At this point,my attitude is this is more bother than it is worth.With the housing market having rebounded- I have significant equity in the home. I own it free and clear, and property values have gone up significantly since I bought. I am bringing the interior up to date with the intention of selling. Their negligence and attitude are a big part of why, as well as wanting to purchase out of CA.

In the meantime, as they are not complying with the open meeting laws, and I am sure if I dig enough- I will find other laws they are violating- I intend to start filing, as allowed by state law, for the non compliance with the open meeting laws. I am going to become the nuisance they do not want. It will be better for them to repair the items that are their OBLIGATION to repair and let me quietly sell and move away.

StacyJ2 (California)
Posts: 14

Posted:

Thanks for your reply. yes, I have some of the terms incorrect, and spent this weekend digging and pouring through what I have. And even more annoyed now that I have found out how much was paid, and the fact that they did not send out what was requested.

Yes, we have a manager. No,she is not onsite. And, she is the one that has a real chip on her shoulder, IMO. I will contact her and see if she will send them out electronically, or if she expects me to pay again- although doubtful- there is a button on their website to purchase those documents..

There are 85 units in our HOA. They do list the meeting dates on our statement. So, we do get notice of that in a timely manner, although this months was cancelled with no notice, it was supposed to be on the 16th. They do not post the agenda, anywhere. I walked over to the clubhouse to see if it was there- and nothing. I am waiting until next months meeting, and I will go over and photograph where some notice are put (the only one there is from 01/2017). I have no intention of asking why they are not posted, I will just file in small claims.Yes, I am being petty there.But, treat me in a petty fashion, you get petty back. $500 fines in small claims is laid out in CA law. (from Davis Sterling:California's Open Meeting Act (Civ. Code §§4900-4955). Members can go into court for injunctive relief and civil penalties up to $500 for each violation. (Civ. Code §5145, §4605, §4955.) So, I feel okay doing that. No doubt meeting participation would be higher, if we were getting agendas.

I am unclear as to what you mean by certified? This is an actual company that takes up the largest part of our dues. So...we should definitely be getting better service from them. Second largest expense is landscaping- obviously a sore spot with me, lol.

StacyJ2 (California)
Posts: 14

Posted:

Quote:

Posted By GenoS on 11/19/2017 1:47 PM
We've got rules & regulations regarding garage doors here, as do most HOAs in the county. You can leave the door open a foot or so for ventilation during the day, but otherwise the door should not be completely open unless the resident is in or around the garage.

It's not silly. We had one owner who stuffed his garage to the gills with everything but his automobiles. He'd then leave the door all the way open for most the day, every day he was home. It made that part of the community look trashy. There are other homes with garages similarly packed with junk, but they don't leave their doors open. If they did then half the place would look like a villa miseria.

I certainly don't want to look across the street and see my neighbor's old mattress, power tools, bicycles, and workbench plastered with NASCAR stickers every day.

We tried the nice-nice approach: "Hi, neighbor! Say, we don't appreciate looking at your pack rat garage junk all the time. Do you think you could keep your garage door closed when you're not in it?" Yeah, that worked real well (/sarcasm). We're moving toward enforcement and that's one of the Top 5 things we're going to address.

That's why garage door rules exist, at least in Florida, and they're not silly.

I never said they were. Another poster said they were. Frankly, I have no problem with the rules, only the fact that the current rules and regs have not been sent out (as requested and paid for), and the fact that these rules are being enforced selectively against only a few of us, while routinely ignored by others.Unless these other people whose doors are open nonstop can afford these progressive fines, I am assuming (and know in fact after asking the one owner) that they are not being notified or fined as I have been.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Stacy,

I believe Genos remarks were intended for someone else.

PaininyourA
Posts: 215

Posted:

Quote:

Posted By StacyJ2 on 11/20/2017 10:38 AM

Posted By GenoS on 11/19/2017 1:47 PM
We've got rules & regulations regarding garage doors here, as do most HOAs in the county. You can leave the door open a foot or so for ventilation during the day, but otherwise the door should not be completely open unless the resident is in or around the garage.

It's not silly. We had one owner who stuffed his garage to the gills with everything but his automobiles. He'd then leave the door all the way open for most the day, every day he was home. It made that part of the community look trashy. There are other homes with garages similarly packed with junk, but they don't leave their doors open. If they did then half the place would look like a villa miseria.

I certainly don't want to look across the street and see my neighbor's old mattress, power tools, bicycles, and workbench plastered with NASCAR stickers every day.

We tried the nice-nice approach: "Hi, neighbor! Say, we don't appreciate looking at your pack rat garage junk all the time. Do you think you could keep your garage door closed when you're not in it?" Yeah, that worked real well (/sarcasm). We're moving toward enforcement and that's one of the Top 5 things we're going to address.

That's why garage door rules exist, at least in Florida, and they're not silly.

I never said they were. Another poster said they were. Frankly, I have no problem with the rules, only the fact that the current rules and regs have not been sent out (as requested and paid for), and the fact that these rules are being enforced selectively against only a few of us, while routinely ignored by others.Unless these other people whose doors are open nonstop can afford these progressive fines, I am assuming (and know in fact after asking the one owner) that they are not being notified or fined as I have been.

.... nor has every speeder been caught and fined

YOU are free to bring a complaint against them to the BOD

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By TimB4 on 11/20/2017 11:06 AM
Stacy,

I believe Genos remarks were intended for someone else.

They were

KerryL1 (California)
Posts: 14,550

Posted:

At this point, Stacy, can you tell us what you'd like from this Forum? If so, can you ask with separate, clear questions with no more back story?

PaininyourA
Posts: 215

Posted:

? What ?

? No more drama ?

110%

RichardP13 (California)
Posts: 3,868

Posted:

The HOA can not tell you when why you can open your garage, no more than can it restrict one from entering their residences. It it is a gated community, you must allow them to enter through the gate. Their name doesn't have to be on the entry roster to allow guests to be buzzed in, if they are delinquent and have been given due process and their privileges suspended.

KerryL1 (California)
Posts: 14,550

Posted:

No tie to re-read all of Stacy's remarks, Richard, but I'm not understanding your reply. I'm looking for clarification because what you did write applies to a situation here---I think.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By KerryL1 on 11/21/2017 10:12 AM
No tie to re-read all of Stacy's remarks, Richard, but I'm not understanding your reply. I'm looking for clarification because what you did write applies to a situation here---I think.

It is in her first post.

StacyJ2 (California)
Posts: 14

Posted:

Quote:

Posted By KerryL1 on 11/20/2017 3:33 PM
At this point, Stacy, can you tell us what you'd like from this Forum? If so, can you ask with separate, clear questions with no more back story?

I have actually learned quite a bit just from reading other posts and threads. So, I guess, advice on the two issues: the extra restrictions on my use of the garage door, and the dead landscaping.

The garage door issue- I am now violating parking rules -parking my car in the driveway instead of the garage- an NEVER opening the garage door. This way, there cannot be a complaint re the door being open. Not sure what to do with this, as it is depriving me of the use of my property.

The landscaping issues: The grass was killed in 2014. Bare dirt for all of 2015, and 2016. Now, weeds only growing in the area. All inquiries (and now have it in writing, yeah!) that the BOD has NO intention of repairing this area, and is instead telling me to fix it. Looks like I will be spending my holiday times getting estimates to have the slope repaired, and new sod installed, and then sue the BOD in small claims for the amount of the repairs.

The second landscaping issue: the large sinkhole/slide that is now opening up due to their not replacing the dead tree that fell. This is in a common area. I can ignore- but the sinkhole/slide grows with each rainstorm. If it grows any larger- it will threaten the retaining wall which holds up my front yard, and my driveway and entry deck. Should I get an estimate to repair this as well and include on small claims case, or treat separately? I will not be able to sell this unit with a 5'+ sinkhole/slide right next to my unit- you can see it as you walk up to my door.

I am more than aware the BOD can retaliate and try to counter sue me. I cannot afford anything other than small claims- and the amounts should not exceed a small claims case- the sinkhole/slide issue may be the exception- depending on just how compromised that slope is.

I have emailed several times re the dead lawn. I have several photos, including the listing photo, which shows the grass in early 2014, and the dead grass the following years. I am not sure what their counter claim would be. I have several emails asking them to repair, I now have a BBB complaint where the manager tells me to do the repairs myself.

So- how successful are homeowners - hopefully here in CA- at taking their BOD's to court to either compel them to make the repairs, or get a judgement for these types of repairs?

StacyJ2 (California)
Posts: 14

Posted:

Quote:

Posted By RichardP13 on 11/20/2017 8:29 PM
The HOA can not tell you when why you can open your garage, no more than can it restrict one from entering their residences. It it is a gated community, you must allow them to enter through the gate. Their name doesn't have to be on the entry roster to allow guests to be buzzed in, if they are delinquent and have been given due process and their privileges suspended.

Not a gated community. No issue other than them telling me I can only open the door to move car or garbage can in and out. And then contradicts themselves by saying I can have it open 1 hour at a time while working in the garage. No other homeowner (I have asked 3) has been told they cannot have their doors open. I asked these three as their doors are open almost nightly.

I am not even sure the BOD knows about this letter from the manager. Perhaps the first step is to bring it to their attention that she has placed new restrictions on the garage door use.

StacyJ2 (California)
Posts: 14

Posted:

Quote:

Posted By GenoS on 11/20/2017 3:00 PM

Posted By TimB4 on 11/20/2017 11:06 AM
Stacy,

I believe Genos remarks were intended for someone else.

They were

Good! I don't consider the rules silly, just want them enforced uniformly or not at all- in which case they should be changed.

KerryL1 (California)
Posts: 14,550

Posted:

Have you tried, Stacy, attending board meetings to request the landscaping be handled? How often are they? Or writing a letter to the Board with your landscaping requests?

Btw, you probably should have started a new thread about the landscaping issues as some here might not read this thread given the title has nothing to do with landscaping.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By StacyJ2 on 11/22/2017 1:11 PM

Posted By RichardP13 on 11/20/2017 8:29 PM
The HOA can not tell you when why you can open your garage, no more than can it restrict one from entering their residences. It it is a gated community, you must allow them to enter through the gate. Their name doesn't have to be on the entry roster to allow guests to be buzzed in, if they are delinquent and have been given due process and their privileges suspended.

Not a gated community. No issue other than them telling me I can only open the door to move car or garbage can in and out. And then contradicts themselves by saying I can have it open 1 hour at a time while working in the garage. No other homeowner (I have asked 3) has been told they cannot have their doors open. I asked these three as their doors are open almost nightly.

I am not even sure the BOD knows about this letter from the manager. Perhaps the first step is to bring it to their attention that she has placed new restrictions on the garage door use.

I am with Richard ... LOL do they tell you whether or not you can have the front or back door to your home open??? There is a line no HOA should cross with regards to using and enjoying personal property ... especially with restricting entry points.

GenoS (Florida)
Posts: 4,276

Posted:

I think it's not about what doors and windows you can or cannot have open. It's about the unsightly appearance of those that are left open. It's analogous to eating food and chewing with your mouth open. You can eat any way you want, but don't expect anyone will want to sit next to you at dinner. Keep your doors closed, people, please. Come and go as you please but if you're not entering or exiting the premises then no one wants to see the hoard in your garage. It's about appearance, not access.