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BlakeR2 (Louisiana)
Posts: 4
Posted:
Our restrictions require any alterations to buildings or improvements, defined as many things including changing the exterior colors, to be reviewed by the ACC. When a new resident moved in and immediately painted his shutters and front door, the ACC sent him a letter asking that the fill out the proper paper work. The day the letter hit the mail, the VP of the association painted his the most obnoxious color he could find and did not fill in the paper work. When asked to he responded that "paint is not architectural." He is obviously doing this to spite the ACC rather than having an open dialogue. He posted the new paint work on social media (our subdivision FB group) and it was immediately praised by the President of the HOA.

Things got worst today. He made a post on the same group encouraging everyone to start painting their shutters different colors and offered to donate free labor.

I've never been involved in litigation, so I'm not 100% certain where to begin with this, but I am extremely frustated. Our ACC runs by the book, but the board, well, I don't even think they've ever read our restrictions. Where should I go from here?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Litigation already? Have you even gone through whatever the process is within your own rules to lodge a formal complaint? If you haven't, your jumping the gun.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You may want to inform the board of the purpose of the HOA. It is to keep homes ATTRACTIVE to potential buyers. It is why the HOA created an ACC to keep things uniformed to keep people wanting to buy. Least we NOT forget the actual purpose of a HOA while running it...

Does your HOA have the right to fine and does it have an established fining schedule? It may have the right to fine but it has to be defined. That is what the fining schedule is. Example: Painting wrong color is $25 a day to a certain legal amount etc...

Our HOA we didn't fine. What we could do is fix the issue and send the owner the bill. Which if they did not pay could be turned into a lien. This is a difficult option to execute of course in many HOA's. However, it is an option.

I'd simply bring the rules to the next meeting. If I was on that FB board, I may also reference the rules from the CC&R's or ACC documents. Again remind people of the purpose and intent of the documents. That is to keep your HOA representable and not putting the middle finger up to each other.

Former HOA President
BlakeR2 (Louisiana)
Posts: 4
Posted:
He's the VP, his actions were praised by the President, and liked by another board member. There is no recourse with the board and they do not enforce anything. We (ACC) are normally left to asking residents to please fill out their applications after construction has already started. There is no formal complaint process either.
BlakeR2 (Louisiana)
Posts: 4
Posted:
Quote:
Posted By MelissaP1 on 06/12/2019 5:04 PM
You may want to inform the board of the purpose of the HOA. It is to keep homes ATTRACTIVE to potential buyers. It is why the HOA created an ACC to keep things uniformed to keep people wanting to buy. Least we NOT forget the actual purpose of a HOA while running it...

Does your HOA have the right to fine and does it have an established fining schedule? It may have the right to fine but it has to be defined. That is what the fining schedule is. Example: Painting wrong color is $25 a day to a certain legal amount etc...

Our HOA we didn't fine. What we could do is fix the issue and send the owner the bill. Which if they did not pay could be turned into a lien. This is a difficult option to execute of course in many HOA's. However, it is an option.

I'd simply bring the rules to the next meeting. If I was on that FB board, I may also reference the rules from the CC&R's or ACC documents. Again remind people of the purpose and intent of the documents. That is to keep your HOA representable and not putting the middle finger up to each other.

I've already tried explaining the importance. There is no fine schedule, but the violator is THE vice president amd his cheerleader is the president.

BlakeR2 (Louisiana)
Posts: 4
Posted:
Quote:
Posted By MelissaP1 on 06/12/2019 5:04 PM
You may want to inform the board of the purpose of the HOA. It is to keep homes ATTRACTIVE to potential buyers. It is why the HOA created an ACC to keep things uniformed to keep people wanting to buy. Least we NOT forget the actual purpose of a HOA while running it...

Does your HOA have the right to fine and does it have an established fining schedule? It may have the right to fine but it has to be defined. That is what the fining schedule is. Example: Painting wrong color is $25 a day to a certain legal amount etc...

Our HOA we didn't fine. What we could do is fix the issue and send the owner the bill. Which if they did not pay could be turned into a lien. This is a difficult option to execute of course in many HOA's. However, it is an option.

I'd simply bring the rules to the next meeting. If I was on that FB board, I may also reference the rules from the CC&R's or ACC documents. Again remind people of the purpose and intent of the documents. That is to keep your HOA representable and not putting the middle finger up to each other.

I've already tried explaining the importance. There is no fine schedule, but the violator is THE vice president and his cheerleader is the president.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well your options are to create a system of punishment or to kick out the board. If you don't have a way to enforce, then need to do the work to make that happen. If the people running the HOA board are jerks, then jerk them out.

Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
Escalate. Grab a floating old rust bucket on an equally rusty trailer and park it in your front yard. They're probably cheap to rent right now with the Atchafalaya threatening inundation if the rains keep up.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
This appears to be a peeing contest between the ACC and the BOD.

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