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GaryW12 (Alabama)
Posts: 56
Posted:
Can anyone give me a property way to sound firm and professional.

The board has ignored specific request to have handled, and less of hiring a lawyer to write it, about 40 families want to have removed.

We also want this to be a registered letter, but what is the next step further than that. I know you can have a public notary sign it,
but can you have a letter to the board registered with the county filed as a document?

Is there somewhere to download a template how to write a letter to tell the board that if they do not correct specific issues that are against our rules?

Thanks in advance.

Also is there a better way than mailing registered mail with return receipt? Should I have a public notary sign it first then mail it? Should I register this letter
wtih the courthouse?

I just want to make it where the board, since they are ignoring paid dues members to fulfill the request, have to pay out of pocket, as they willing are not doing their
fiduciary duties.

2 issues I have are 1. a situational where people can get diseases, and 2. people shooting in their backyard, which is against our ACC guidelines that could be deadly.

I don't want the board to use the board's money in a defense, I want the board members that willingly ignore the membership to have to pay out of pocket as they are working
outside the guidelines of their sworn duty.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why are we going to the county? It's an HOA issue. That means amongst you and your neighbors. You just go to the post office to send a certified letter. Not sure why a notary is involved?

Guess what? Do you know if your HOA has the money to correct this violation? Can your HOA levy fines? What actual power does your HOA hold to correct a violation? You want a removal. Well what is their LEGAL abilities to do it?

HOA's have to have the right written in their documents to levy fines. The next step is the HOA has to have a FINING SCHEDULE put into place. Which means Fines are defined and established. For Example: Leaving your garbage can out for 2 days - $25 a day. Your HOA just can't grab a number out of the air. Plus the fining process has many steps to it. There is a period of time for a warning, issuing, and then defense. It still doesn't guarantee removal of the violation.

Our HOA we did not fine. We had the ability to remove the violation at OUR cost and then send the owner the bill. Although it's not that easy. We had to give notice to the owner they were in violation. Give them a 10 day period to correct. If not, then we would tell them to fix it or we would at our cost sending them the bill. IF they did not pay that bill, then we would lien for that amount owed. Only time outside of unpaid dues a HOA can lien.

Now as others in here have posted. You don't have to sue the HOA to make this happen. You all can decide to sue that person in violation individually. If the HOA isn't upholding the rules. Yes, you will have to use your own money. Keep in mind suing your HOA is suing yourself and your neighbors anyways. So may contact a lawyer to put this personally.

Former HOA President
SueW6 (Michigan)
Posts: 814
Posted:
for issue 1. Call your local health dept. and complain.
for issue 2. Call your police dept. and complain.
GaryW12 (Alabama)
Posts: 56
Posted:

They have around 9K in the bank, they refuse to correct violations due to the 2 board members having that exact violation.

other board members are violators of other deed reactions too.

the current president wants to "grandfather" in select violators as their amongst his social group. this is unethical and the issues I'm concerned about and want them to get a as legal looking paperwork as possible, as the threat of a lawsuit is going to be what it takes. if this next letter does not work, Ill just pay for a lawyer as I'm not going to move out due to corruption on the board.

I'll make them step down and/or sue them personally, as I hear that if they fail to comply by registered letter, they are no longer going to be protected under law if such suit occurs.
SheliaH (Indiana)
Posts: 6,964
Posted:
Are there other homeowners who are just as peeved at the violator and the board's inaction as you are? If so, all of you should band together, go to the next board meeting (and the next, and the next, if necessary) and demand action. They can't or refuse to do so (probably because several of them have also violated the CCRs), check your documents to see what it says about recalling the board. If it's not spelled out specifically, there should be language regarding special homeowner meetings and how those are called (usually after a certain percentage of homeowners sign a petition to have one). At that meeting you can discuss the board's conduct or lack thereof and hold a vote for a recall. Just be sure you have people ready to step in - and you may need to be one of them.

I believe homeowners can also enforce the CCRs against each other, so if the violator lives close to you, you could sue him/her/them in small claims court yourself. As others have suggested, I would still tell the police about the guns going off.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GaryW12 (Alabama)
Posts: 56
Posted:
How is the police department going to help?

The code enforcement says they dont enforce "Deed restrictions"

the sheriffs office does not care waht goes on around here, and the president works as a public service officer, which is indimidating to some people of the community.
so that makes going to the sheriffs office pointless as they have not helped in the past.
GaryW12 (Alabama)
Posts: 56
Posted:
Yes over 40 seperate lot owners are very mad....and at the last meeting the board called us "the public" and "visitors" instead of addressing us as the membership.
GaryW12 (Alabama)
Posts: 56
Posted:
Sheriff office says "Rick scott the Governor" singed a bill tht said you can "Target shoot" in your back yard if you have 1 acre lot.

so that is silly and careless but that is what they say, they don't make people stop even if you live in a community.
MarkM31 (Washington)
Posts: 494
Posted:
Politely ask them for the code citation, then look it up online and see if it's applicable (it probably isn't)
PaaN
Posts: 219
Posted:
..... 2. people shooting in their backyard, which is against our ACC guidelines that could be deadly. .....


??? Architectural Guidelines ???

Perhaps the 'nuisance clause' in your CCRs is 'violated', but NOT the ACC unless an unpermitted 'gun range' were constructed.
AugustinD
Posts: 5,144
Posted:
Gary, google on "letter of demand." The only documentation you need is a copy of the signed letter and the USPS receipt for "registered mail, return receipt requested."

In you letter do not say anything about getting the directors to pay out of their own pocket. This rarely happens. When it does, it is under court order.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am still unclear of what the violations are that are so bad? This isn't the "Neighbor has a chicken coop?". Plus if the law says that one can shoot on a 1 acre lot. That isn't a HOA thing. That is a county/city thing. The CC&R's have to be in compliant with the local laws. So don't see how that is a HOA issue.

What is the code enforcement of the city being involved? No of course they are not going to enforce your HOA rules. They enforce the city's. You want them to do something? Go to the CITY council and ask them to make a law/ordinance. We did that for parking on 1 side of the street only. However, we wanted our curbs painted instead of signs. Signs are banned from our HOA. So went to the city and got an ordinance for no parking via having painted curbs. Our city didn't have a code for painted curbs just signs.

So I wonder if you are putting expectations on your HOA, that isn't in their ballpark?

Former HOA President
GaryW12 (Alabama)
Posts: 56
Posted:
It is the HOA's job to enforce our deed restrictions, so that is why tongiht I'm writing a letter of demand and mailing it out first thing in the morning.

We are not for livestock & we have rules that are greater than the county rules, so we don't have to lower the bar to county , just because the board members "dont feel like doing anything".
MarkM31 (Washington)
Posts: 494
Posted:
I can’t find any proof that target shooting is allowed on lots of one acre without the type of backstop and other safety requirements being addressed.
GaryW12 (Alabama)
Posts: 56
Posted:
People here are shooting at wooden items they made, or old picnic tables. the sheriff does NOTHING but come out , looks at the people shooting and drives off, they dont take it seriously.
MarkM31 (Washington)
Posts: 494
Posted:
No effective backstop? Call the Sargent, then the captain then the actual sheriff, then the politicians the the media.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You do NOT have rules GREATER than the County, City, Stater, or Federal. You have rules that may be MORE RESTRICTIVE but they still must be in compliant to those laws. Those laws supersede the HOA's.

For example: Your HOA may say that no firearms in common areas. The law doesn't say one can't carry a gun anywhere. So how is the HOA going to enforce it's rule? Call the police? Well it's not against the law to carry a gun. (It may be for concealed weapon). Call the HOA? Well just like the police. One has to see the violation. Plus have to determine it's violation. A hunter carrying a shotgun walking through a parking lot (common area) to their truck, is that violation?

I would not like someone target shooting in a 1 acre lot. However, can I say it's against the law if the law says they can? Nope. Can I enforce it as President of the HOA? Nope. Can my HOA change the rules to allow it? Yes.

Again what exact action do you think your HOA has to stop this?

Former HOA President
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By MelissaP1 on 08/23/2018 8:52 PM

I would not like someone target shooting in a 1 acre lot. However, can I say it's against the law if the law says they can? Nope. Can I enforce it as President of the HOA? Nope. Can my HOA change the rules to allow it? Yes.

Again what exact action do you think your HOA has to stop this?

I don't think it's a HOA issue, unless the CC&Rs address it, or the HOA uses a broad bylaw which addresses safety or nuisances.

I think that the police are likely being lazy when they check out the shooting. Firstly, I can find no Texas state law which allows target shooting on any lot one acre or larger. That would allow one to shoot the short distance in a lot ten feet by 7/8 of a mile. The statute (if it even exists) must address backstops, distance from adjoining properties and other saftey consideration.

What I did find, was Texas laws which allow target shooting on lots of a minimum ten (10) acres. That was why I suggested that the OP get a statute reference from the sheriffs office when she calls, or that she visit their office, the politicians office or the county attorneys office and find out what the laws really are and what they say. Listening to some anonymous person on the phone say "Rick Perry signed....." is a poor and almost useless source. And is is likely the the deputies don't even know the law. So the OP's first step is to learn the law. Then she educates kaw enforcement if that is warranted.

That's what I think should be done.
GaryW12 (Alabama)
Posts: 56
Posted:
Well just to inform people that might not know.

I live in Florida, and Rich Scott made a bill that says if you live on a 1 acre lot, even if its residential, even if you live close to other people, you can shoot in your backyard from dawn til dusk.

this is silly as can be , but this is why FL is the laughing stock of America.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So how is the HOA supposed to resolve this issue? I don't see the relationship or responsibility of the HOA. It's a law OUTSIDE of HOA that allows this. The HOA is to be in compliance with the law. If the law says your dogs must be leashed, your HOA can't say they can run free. Animal control is going to come in and say "must be leashed".

Former HOA President
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By MelissaP1 on 08/24/2018 4:32 AM
So how is the HOA supposed to resolve this issue? I don't see the relationship or responsibility of the HOA. It's a law OUTSIDE of HOA that allows this. The HOA is to be in compliance with the law. If the law says your dogs must be leashed, your HOA can't say they can run free. Animal control is going to come in and say "must be leashed".

The law that doesn't say that lots bigger than "X" acres must be used as target ranges. It says they can. Very differnt thing than your example.

And I continue to believe this target range use is unfettered except for area.
MarkM31 (Washington)
Posts: 494
Posted:
Edit to say:

And I continue to not believe that this target range use is unfettered except for area being the only metric.

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