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JoseV (Florida)
Posts: 27
Posted:
It's February. You would think that Hurricane Shutters would be put away as well as Christmas light. Unfortunately, that's not the case with our subdivision. We have a weak HOA unwilling to work for this community and address issues covered by our doc. They don't even impose fines, so therefore, violations continue to escalate. We are talking about 15 years of total negligence. The homeowners themselves are to blame. They don't vote so therefore the same board members continue to be re- elected. Any good advise will be greatly appreciated.

I really want to move but I know that I will not get the full value of my home because to my next door neighbors lack of curb appeal. The HOA president saids that I' being subjective. These violation, I know are effecting the desirability and value of every home here. This community is located in a very desirable location. Homes in nearby communities are selling for 10,000 to 20,000 more then ours. Is this a case for a class action suit?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jose,

Welcome to the forum.

You have already identified the problem, membership apathy.

The way to fix this is to start knocking on doors, have social gatherings and listen to hear if others feel the same way you do. If they do, gather support (in the form of proxies), a slate of candidates (perhaps you being one of them) and elect a new board who will address the issues you and your neighbors see.

However, if you hear that others are happy with the way things are being done, then you will have a hard time finding support. In this case, you simply need to educate or, simply consider moving.

As far as violations affecting the value of your home, I doubt failure to force the removal of hurricane shutters or holiday decorations has any major bearing on the value of your home. Now, if the common area was not being maintained and houses allowed to go into disrepair, that may have an impact on attracting buyers.
SheliaH (Indiana)
Posts: 6,964
Posted:
You may think you "know" your property value might be hurt because your neighbor doesn't keep his/her place up, but it's a matter of proving it - how are you going to do that? Also, "value" is subjective - what's important to you may not necessarily be to your neighbor or anyone else.

As Tim said, apathy is your community' main problem - if the board isn't doing anything and the homeowners don't care either, how are you going to get people together for a class action lawsuit? And what would you even sue for - if the board isn't doing anything, it's because the HOMEOWNERS aren't holding them accountable. For that matter, the homeowners don't even hold themselves accountable if they don't pay attention to the rules - why else has this gone on for 15 years?

I do understand your concern, as no one wants to live next door to or across from a slob. To get things to change, however, you will need to rally together the neighbors who do care, meaning you're going to have to out and walk around your community and find them. Maybe your group could be the genesis of a rules enforcement committee the Board can charter and then you can concentrate on Christmas lights on Valentine's Day, dog poop or whatever else is most vexing to the community and assist in enforcing the rules.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BenA2 (Texas)
Posts: 1,273
Posted:
I would talk to members of your board and ask why they don't enforce these violations. Is it possible they have a good reason?

I know in our HOA we often have people wonder why we don't enforce certain violations and the answer is usually that the thing they are complaining about is not a violation or the restriction is so vague that we couldn't enforce it. Many people also assume all HOAs have the authority to issue fines but many don't.

KerryL1 (California)
Posts: 14,550
Posted:
Ben, Sheila & Tim all offer good thoughts & ideas for you, Jose.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JoseV on 02/18/2018 7:21 AM
We have a weak HOA unwilling to work for this community and address issues covered by our doc. They don't even impose fines, so therefore, violations continue to escalate. We are talking about 15 years of total negligence. The homeowners themselves are to blame. They don't vote so therefore the same board members continue to be re- elected. Any good advise will be greatly appreciated.

This isn't unusual. It's not right, but it's that way in many HOAs, unfortunately.

You should think of ways to encourage the owners to vote in the next election. Look at your Bylaws. If they permit member voting via proxies then walk around the neighborhood, talk to your neighbors, and ask them to give you their proxy. If mail-in ballots are permitted, give your neighbors a stamped envelope and encourage them to mail in their ballot when the next election takes place.

My HOA has been operating the same as yours for 25 years with one exception: we do get people to vote at the annual meetings. The problem is no one ever wants to be on the board and we regularly end up with Meet the New Boss, Same as the Old Boss situation. No enforcement, no fines, almost total negligence. Over half of the 100 homes here have new owners within the last 5 years and we, too, are experiencing an escalation of violations of our covenants and rules as new people come in, push the envelope to see what they can get away with, and it gets worse each time they do get away with it (which is almost always). Board after board tries to do as little as possible. Nobody cares. The president last summer told an absentee landlord whose tenant did over $1,000 worth of damage to the common property, "Don't worry about it." Nobody cared. The president stood in the middle of the street during another conversation and loudly proclaimed, "I don't care what the law says." Nobody cared.

Good luck.

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