GregoryO (Delaware)
Posts: 4
Posts: 4
Posted:
When a HOA ignores certain covenants for a number of years for instance two separate driveways and there are houses that have them for years where dose the HOA stand to all of a sudden enforce the ?
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HOA covenants
Started by GregoryO • 6 replies • 540 views
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AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Quote:
Posted By GregoryO on 01/27/2020 9:49 AM
When a HOA ignores certain covenants for a number of years for instance two separate driveways and there are houses that have them for years where dose the HOA stand to all of a sudden enforce the ?
When a HOA ignores certain covenants for a number of years for instance two separate driveways and there are houses that have them for years where dose the HOA stand to all of a sudden enforce the ?
What's the problem with having two driveways?
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
On the other hand, who has the maintenance responsibility for each owner's driveway, the HOA or the individual home owner?
GregoryO (Delaware)
Posts: 4
Posts: 4
Posted:
You pretty much answered that’s what I was thinking. I’m the new president here and after reading these covenants there is a lot of rules left up to interpretation
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Gregory,
Do you have another post going with almost the same question?
Are you a Board or Committee member?
I answered the other thread, as below:
"Yep. It depends.
In many of these sorts of circumstances, the HOA’s Board may have sufficient collective strength and funds to defend itself from a property owner wishing to avoid violations.
Other words - if the Board is firm and an owner wants to flaunt the covenants, then bring money."
Do you have another post going with almost the same question?
Are you a Board or Committee member?
I answered the other thread, as below:
"Yep. It depends.
In many of these sorts of circumstances, the HOA’s Board may have sufficient collective strength and funds to defend itself from a property owner wishing to avoid violations.
Other words - if the Board is firm and an owner wants to flaunt the covenants, then bring money."
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By GregoryO on 01/27/2020 9:49 AM
When a HOA ignores certain covenants for a number of years for instance two separate driveways and there are houses that have them for years where dose the HOA stand to all of a sudden enforce the ?
When a HOA ignores certain covenants for a number of years for instance two separate driveways and there are houses that have them for years where dose the HOA stand to all of a sudden enforce the ?
Depends on:
1) was permission asked and provided for the change? If it was, that's a problem and the HOA might have to pay to fix.
2) Is the issue going to court?
If the issues is going to court, it will depend on documents, how long the board knew or should have known (without acting), and (honestly) how much money the Association wants to spend.
If the issue isn't going to court, the board might need to compromise on the issue (changed back when sold - for example) simply to get past community upheaval. Have any such compromise in writing and drawn up by an attorney.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Gregory,
Welcome to HOA leadership as a new president! Yes, there will old projects where it's clear the interpretation of the covenants was "loose" or very accommodating. However, if double driveways,etc have been in place for years (and you really can't track down when it was "approved" or who approved it), then it may be best to notify the community that you're interested in applying covenants to future projects for all residents.
You're steering a cruise ship and not a speed boat so please swallow some of the past mistakes to keep chaos away and apply your standard of leadership going forward while keeping the community informed that you'll be applying the covenants that THEY signed up for.
Good Luck!
Welcome to HOA leadership as a new president! Yes, there will old projects where it's clear the interpretation of the covenants was "loose" or very accommodating. However, if double driveways,etc have been in place for years (and you really can't track down when it was "approved" or who approved it), then it may be best to notify the community that you're interested in applying covenants to future projects for all residents.
You're steering a cruise ship and not a speed boat so please swallow some of the past mistakes to keep chaos away and apply your standard of leadership going forward while keeping the community informed that you'll be applying the covenants that THEY signed up for.
Good Luck!
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