Hundres of violations

JoseV (Florida)
Posts: 27

Posted:

I live in a community of 375 homes. Currently, we have a new management company. In their first drive through 93 violation were issued. I thought, okay driving and checking out 375 homes is a bit overwhelming. The second month drive through, 45 violations, third month 64, fourth month 38 and the fifth month 69 violations of 375 homes. These violation numbers are that of a perfect community. We are far from it. In last nights meeting I challenged the management company for the low numbers of violation reports, in particularly one house that for the past couple of years have had multiple violations, from a dried up tree, a tree stump, damaged sod, weed, driveway, house, walkway needing power washing,, etc. the list is literally endless. Totally missed this house on the initial drive through. She was offended and defensive because I mentioned to her that the violation notices were inconsistent and there's no was followup and therefore fines could not be issued. She then says, it's just her and an employee, 2 people addressing 375 house. At this rate, we will never get full control of the violations but will only continue to they will to increase.
Our common areas are in deplorable condition, missing hedges, dead trees, dying trees, poor irrigation system etc. etc. Basically, I blame the home owners for not casting their votes. We always end up with a lack of a quorum. Same people end up on the board again and again.

The board relies totally on management and does not check to see if the management is doing a thorough job. We voice ourselves during the meetings but our concerns fall on deaf ears. What's the solution?

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By JoseV on 04/19/2018 5:05 AM
I live in a community of 375 homes. Currently, we have a new management company. In their first drive through 93 violation were issued. I thought, okay driving and checking out 375 homes is a bit overwhelming. The second month drive through, 45 violations, third month 64, fourth month 38 and the fifth month 69 violations of 375 homes. These violation numbers are that of a perfect community. We are far from it. In last nights meeting I challenged the management company for the low numbers of violation reports, in particularly one house that for the past couple of years have had multiple violations, from a dried up tree, a tree stump, damaged sod, weed, driveway, house, walkway needing power washing,, etc. the list is literally endless. Totally missed this house on the initial drive through. She was offended and defensive because I mentioned to her that the violation notices were inconsistent and there's no was followup and therefore fines could not be issued. She then says, it's just her and an employee, 2 people addressing 375 house. At this rate, we will never get full control of the violations but will only continue to they will to increase.
Our common areas are in deplorable condition, missing hedges, dead trees, dying trees, poor irrigation system etc. etc. Basically, I blame the home owners for not casting their votes. We always end up with a lack of a quorum. Same people end up on the board again and again.

The board relies totally on management and does not check to see if the management is doing a thorough job. We voice ourselves during the meetings but our concerns fall on deaf ears. What's the solution?

Are you on the Board, and if not, WHY NOT!

SheliaH (Indiana)
Posts: 6,964

Posted:

What Richard said.

Your solution lies with the homeowners and the board (all of you should be holding each other accountable). If you're not happy with the current board, you need to remember they get re-elected because (1) no one else bothers to run and (2) you don't have a meeting in which to hold an election because you don't meet quorum (because homeowners don't show up or submit proxies). It won't change unless and until everyone steps up and shows up. You might consider getting like minded homeowners together and push for change - or a recall if the current board if necessary. You will need to have people ready to take over if you succeed - starting with you.

You don't say how many people are on the board, but perhaps you might consider offering to assist - if you don't want to be on the actual board, perhaps it can establish a rules enforcement committee that can help keep track of the violations and make recommendations, such as if/when to fine for non-compliance, setting up an appeals process and criteria for sending repeat offenders to the association attorney for legal action against them. The board would have the final decision on rules enforcement.

By the way, homeowners can sue each other for CCR violations, so if there's something really upsetting you, see what's required to file a claim in small claims court and go for it Ditto for your neighbors.

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

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By JoseV on 04/19/2018 5:05 AM
In their first drive through 93 violation were issued. I thought, okay driving and checking out 375 homes is a bit overwhelming. The second month drive through, 45 violations, third month 64, fourth month 38 and the fifth month 69 violations of 375 homes. These violation numbers are that of a perfect community. We are far from it.

Opinions on this may vary, but these numbers sound to me more like overzealous and nitpicky enforcement. If you think a "perfect" neighborhood would have over 25% of homes with violations, I'm glad you are not in mine.

Escaped former treasurer and director of a self managed association.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

There is not a lot of clarity about the standards in this community - I'm sure Douglas didn't mean to sound judgmental without having all the facts.

If you hired a management company with two total bodies, you may have hired the wrong company.

Please provide some more detail about standards, what kind of management company, what they were tasked to do by the BoD, etc.

DouglasM6 (Arizona)
Posts: 724

Posted:

I'm probably missing something, but it sounds like they are doing the job, and as long as the violations are enforced, it will get better. They may be inspecting the neighborhood in sections, instead of in its entirety each month.

KerryL1 (California)
Posts: 14,550

Posted:

With Douglas' 2nd post. Also, Jose, read your HOA's contract with the MC. Maybe you are expecting too much.

BenA2 (Texas)
Posts: 1,273

Posted:

It sounds like the MC is issuing a lot more violations than you would expect to find in any community. At least that's my perception. I agree with Douglas's first post and I think that either the HOA/MC is overzealous or you have a very high percentage of owners who ignore the covenants.

Are you sure that all of the problems you mentioned actually violate the CC&Rs?

GenoS (Florida)
Posts: 4,276

Posted:

Has the board been following up on the violations that were noticed? Is there a fining schedule in place? Are you following the statutory "fining committee" procedures? I agree with the other posters who have said that seems like a LOT of violations. Once you impose a few fines I think you'll find that the number of violations every month will go down a lot. The MC will eventually get around to that "problem" house.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RichardP13 on 04/19/2018 8:19 AM

Posted By JoseV on 04/19/2018 5:05 AM
I live in a community of 375 homes. Currently, we have a new management company. In their first drive through 93 violation were issued. I thought, okay driving and checking out 375 homes is a bit overwhelming. The second month drive through, 45 violations, third month 64, fourth month 38 and the fifth month 69 violations of 375 homes. These violation numbers are that of a perfect community. We are far from it. In last nights meeting I challenged the management company for the low numbers of violation reports, in particularly one house that for the past couple of years have had multiple violations, from a dried up tree, a tree stump, damaged sod, weed, driveway, house, walkway needing power washing,, etc. the list is literally endless. Totally missed this house on the initial drive through. She was offended and defensive because I mentioned to her that the violation notices were inconsistent and there's no was followup and therefore fines could not be issued. She then says, it's just her and an employee, 2 people addressing 375 house. At this rate, we will never get full control of the violations but will only continue to they will to increase.
Our common areas are in deplorable condition, missing hedges, dead trees, dying trees, poor irrigation system etc. etc. Basically, I blame the home owners for not casting their votes. We always end up with a lack of a quorum. Same people end up on the board again and again.

The board relies totally on management and does not check to see if the management is doing a thorough job. We voice ourselves during the meetings but our concerns fall on deaf ears. What's the solution?

Are you on the Board, and if not, WHY NOT!

Agree ... If you and your neighbors do not like what you have ... replace your BOD. However, YOU and others need to be willing to step up to the plate and take on the responsibility. Many HOA’s will have the same problems due to the same BOD members because others are not willing to step up and also do their fair share of running the HOA.

I can understand a high number of violations initially if nothing has been done for a long period of time. I also would think that some of the other monthly violations have potentially been those who did not “fix” any issues from the first violations. However, if after 4-6 months the numbers do not greatly drop, there is potentially another underlying issue that need to be addressed.