Violations during Safer at Home order

Hi All,

Two questions:
1) Is there a search feature on this forum? I haven't found one, and wasn't sure if it was hiding.

And the actual question:
2) How are you handling violation procedures during the SAH orders? Florida is in SAH but there has been no definitive orders regarding violation procedures. This week, violation went out like normal, and we are looking like the bad guys. We have cut down what we are violating (mostly quick fix violations, parking, trashcans, landscape and powerwashing) and we are also trying to help people out with said issues. We have suspended finning for the time being as we cannot have the required meeting to do so.

Should we stop violations for the time being, or continue on? We violate bi-weekly. Thanks in advance for the answers.

Simon,

We continue per our usual processes, but given the C19 situation the Board meetings have been truncated and are audio only. Accordingly, we have delayed the fining process - too hard without being able to discuss face to face.

Mark must be drinking online, again, or he would not jump so childishly.

Simon,

If you would like additional comments, please provide mind information about your community ...

If you're enforcing covenants during these critical times, you are just BEGGING for a lawsuit from a homeowner.

Yes.

Click on the icon that looks like a magnifying glass with the word "Search" on it.
It's located directly below the yellow banner that says Welcome to HOATalk.com


I think sending out violations every two weeks is a overkill regardless of what is going on.
However, I don't live in your HOA and there may be so many violations you need to do that.
When our Association hired someone to identify the violations, they went every week and the membership was ticked. It was as if the individual had to justify their job and identified violations that were questionable and some that weren't even actual violations.

That said, yes you should continue to identify violations and send notices.
However, you may want to be realistic in your expectations and provide appropriate time to correct the violation.

Example: Not everyone owns a pressure washer and pressure washing by a company costs money. Therefore, identify the issue and specify that the issue needs to be corrected within x days (I'd say 30) after the stay at home order is lifted by the Governor. Same with painting, etc.

Other items, like cutting the grass or personal property left out when not in use should be handled as normal.

Hope this helps.

LetA.

Sorry, but your statement is pretty silly.

The world continues to turn ... it does, as noted, depend on what kind of violation.

In that case, you should suspend all association sponsored activities. For the people who are having large groups of people in their home, there probably isn't much you can do about that - parking violations can be addressed, but if these folks want to play Russian roulette with their health by ignoring the social distancing....sometimes you can't fix stupid.

As far as the CCR violations go, I concur with Tim. You might also consider that correcting some violations may require money people don't have - the last stat I saw on unemployment said 10 million nationwide have filed for benefits. When you have to choose between buying groceries and paying for pains so you can paint your house an "approved" color, it should be clear to you and everyone else which one should win out.

For now, concentrate on violations that are easily fixed, such as not putting out your trash before the appointed time. Once the stay at home orders are lifted, give everyone time to clean up the bigger violations, say 3-6 months (those who were unemployed and had to close their businesses will need some time to get back on their feet). After that, you can start with the fines. The only exception I'd make are violations that can create health and safety issue, such as an abundance of junk cars that can become habitats for rats and other vermin.

As the National Guard is deployed in certain areas (or possibly in every state), I think there will be a lot more 'fixing of stupid.'

We are a real HOA and are governed by 720. We have a community of 1200, mostly single family homes and with a few duplexes. Our primary concern is enforcement of CCRs. I think the events were added a long time ago to justify the existence of the HOA and have become a tradition and focus that our homeowners expect.

They call CDDs a "Florida Scam." When a community is built, instead of adding infrastructure costs into home prices, they sell bonds and tax residents for the length of the bond. There is a board of elected officials who manage the property and set assessments that are paid through the county taxing authority. They are governed by 190, and are deemed to be a special taxing authority, much like a utility district.

Good Luck explaining your actions to the ombudsman.. We could not even get a illegally parked car towed with expired tags. The tags expired two days before the DMV issued a temporary grace period for expired tags. Our PM warned us we could face a lawsuit if we towed the car even though it was two days before the grace period began.

You are absolutely right. Common sense applies here.

I agree with you. Be reasonable and use common sense. Two weeks ago we had a resident build a large wooden frame that holds two antique doors. It's right in the middle of the yard in front of her condo which is clearly in violation of the rules. This person managed to erect her shabby sheik creation during the quarantine and she can therefore take it back down. So far she hasn't and will be fined shortly. There are all kinds of examples where violations can still be rectified despite the current virus situation.

Unless one of your residents has done something significant, I would hold off on distributing violations.

If the board still needs to meet, you could also try holding a virtual meeting using Zoom or Skype.

Let,

I'm not sure I follow the logic of social distancing, and pulling weeds in one's yard.

Are the yards so close together this would endanger someone?

Again, common sense is a must. Frankly, I would expect most lawn care to continue ... whether by owners themselves or hired help.

If you are trying to connect being out of work and having weeds, then if would seem, again, the owners could pull their own weeds - since they have lots of time available?

I think it's more a matter of everyone needing to realize that at present time, priorities have been significantly impacted/shifted, and what was once "normal", known, and understood may no longer be the case for many people.

There needs to be flexibility, compassion, empathy, and understanding on all sides. I suggest thinking through one's approach to rule enforcement during these times in light or all possible situations being faced by homeowners.

The example just give of someone losing their job and now having abundant free time to pull weeds is ignorant . . .

Someone no longer being employed might instead be focusing on trying to find a source of income to support their family and keep their home instead of using their newfound "free-time" to pick weeds. They may be so overcome with mental anguish, unable to do anything at all, that a ridiculously untimely letter from the HOA about their weeds would be the straw that broke the camel's back.

Don't assume that you know someone's situation and don't assume that your "reminder" about an unimportant CCR violation (with all things considered at this time) is doing anything necessary or positive.

This is my thought as well.

I think others have sufficiently called out your approach as over the top. Nothing improves property values like nitpicking HOA's that fine members for the smallest things during a time when most people are not looking at houses. It also does a lot to build community.

I guess our HOA has it all wrong taking a lenient approach and asking homeowners who have a problem keeping things like their lawns up during the crisis to reach out to us for help. Our initiative to help match them up with someone who is less expensive or could possibly loan them something must be very misguided.

Ironically, a lot of the strict communities often have property values that are less than $500,000. Meanwhile I've been to communities with multi-million dollar houses that have yards that, while looking fine, would have been cited my many of the nit-picky HOA's I've seen.

Former NYC Chief of Police William Bratton operated in large part on the premise that low-level crime and disorder creates an environment that encourages more serious crimes.

It all depends. I for one am not going to generalize and fault GeorgeS21's HOA for enforcing pretty much all covenants. I think he knows when enforcing a certain covenant risks spread of COVID-19, so lay off it.

Lance,

My approach - or, more correctly, my Board's approach is certainly not over the top.

We do have standards, though - and, are so waaaay not ignorant - but, we will follow our CCRs, Bylaws and Rules and Regs ... while using common sense during this stressful time.

This does NOT mean an owner who decides to not weed, not mow, not care for their property, will be ignored - we will go thoughtfully - but, not "loosely" or "leniently."

I can't judge mental anguish factors - even when things are "normal" ... not sure that works well as a criteria for not weeding one's yard, or planting beds ... common sense, applies, again. But, not starting from the place you are starting.