HOA Board unfairness

I have an issue with what I see as “unfairness” when it comes to approving ARCs and enforcement of CCRs by the board. I have a board member, also on the ARC committee, who keeps a utility trailer in his back yard although it violates CCRs, yet this same person denied a homeowner an above ground swimming pool, for the summer only, for her disabled child. I argued since it was behind a wood fence and completely hidden it should be allowed based on two other above ground pools in our community who didn’t fill out an ARC, just put up the pool, and no action was taken, but the homeowner s request was denied. The second issue is the board VP is on the ARC committee yet my partner, not on the board, was not allowed to be on the ARC committee because I’m “highly visible.” Unfairness bothers me. My thoughts are to quit the board...but I enjoy getting everything done. My partner says, “this is all a part of doing business.”
Thoughts? Advice please?

It's sounding like one director has more influence than just their one vote?? In other words, how na one person deny a homeowner application for something? Isn't there a committee? Or the whole Board decides?

Are others on the board appreciative of your effort?? Seems like it if you're able to get things done.

Brett,

I think my overall advice to you is to stand up for yourself and what you think is right when discussing/meeting/conversing with your fellow Board Members. As one of several Board Members, your voice carries equal weight to the individual voices of each other Board Member. And the Board as a group collectively makes the decisions, not any Member individually.

You have a few options as far as I'm concerned on the topic of "unfairness":

1) speak up and get buy-in/agreement for your position from other Board Members such that your combined opinions/vote outweigh the opposing position(s) . . . then move forward with those decisions;
2) stay silent (or if when speaking up, you fail to get enough buy-in from other Board Members), then be satisfied with the direction that the other Board Members decide to go;
3) resign from the Board due to unfair and unequal treatment and let the chips fall were they may;
4) rally other neighbors to run for election to the Board with the idea that the "unfair" group will get voted out and folks similarly motivated and thinking as yourself will become the Board make the decisions.

While your various issues of unfairness seem to tie in to the ARC, I think they each need to stand on their own.

The pool topic:
Given the neighbor's situation, if I were the neighbor with disabled child, I would have done what I wanted anyway without seeking Board approval for my pool install. If other unapproved pools exist, I would have tossed this fact in the Board's/ARC's face, and claimed unequal treatment and selective enforcement. Seems like this neighbor is being given a hard time when properly submitting the ARC request for a pool; however, other pools exist that weren't approved are not being pursued as violations . . . definitely not an appropriate situation.

The utility trailer:
You as a Board Member need to point this out. If there are rules, they need to be enforced and enforced equally. Certain rules cannot be enforced while others ignored. You'll likely make an enemy of this other Board Member, but who really cares?! As a Board Member, your duty is to the HOA as a whole, not to other Board Members. If the Board as seen as a group to which the rules don't apply, you'll be looked upon negatively by the majority of neighbors/owners.

The Members of the ARC:
Point out the hypocrisy of VP being allowed on teh ARC but your partner not. If it's something really desired, then fight for it.

ND,

To be clear, had you done what you are recommending, the Board I am on would shrug, and take you to court.

Sure, we would go down the arbitration path, if required, then we would continue to court to stop and/or block the above ground pool.

We’d let the attorneys for both sides have at it and see what happens.

Why would you offer such advice?

Ah, and it still fits.

I've own a pool at my houses for the past 40 years or so, and the only trespassers I have ever had were three ducks probably flying south for the winter.

OK Boomer . . . stop bullying me.

To be clear . . . of all I said that's pertinent to the OP's original questions on unfairness, that's what you hone in on and blow out of proportion?! Sheesh man. Relax. Not everything needs to be as hard-assed as what goes on in your 55+ gated Florida communities. You're too much. Although your neighborhoods sound like fun and your Boards sound reasonable and likeable.

And I don't know about FL or SC, but in my state, you wouldn't take me to court. If I installed an above ground pool, you'd have to follow your documents' process for identifying and then accusing me of a violation.

This process would involve . . .
- a week or so before you even knew I installed a pool (however with my already-installed fence, you'd likely never know I ever installed a pool);
- followed by a week or so of debate among the Board as to whether I'm in violation or not;
- followed by initial letters being sent to me with a week or so of response time;
- followed by a week or so of Board meetings and decision/in-decision;
- followed by me a week or so of time until I request a hearing before the Board;
- followed by a week or so of time until the actual hearing;
- followed by a week or so of more letters allowing me a week or so of time to comply,
- finally followed by my sincere apologies and commitment to the Board to come into compliance a week or so later and removing the pool.

Although in your HOA, I'm sure you'd personally fast-track the whole process because "how dare I thumb my nose at the Board and defy the almighty rule-makers by installing an above-ground pool without permission".

But either way, the process itself has bought me 1-2 months of time enjoying my small above-ground pool. It's more likely that we'd be well through summer by the time you could take me to court for the above ground pool that I've already removed weeks ago (per the OP it was only planned for summer install). And mind you, I only wanted to install it so my disabled child would have some entertainment, exercise, and activity while quarantined at home during an unprecedented pandemic. And it seemed like a reasonable ARC request because there are other above-ground pools in the neighborhood already that the Board has completely ignored (because OP is a Board Member and admits nothing is being done). Not to mention the other rules that Board Members themselves blatantly ignore.

But I guess I'll see you in court!

Mark,

I know how you feel about others disagreeing with you - and, I know you believe you know more than anyone else. This does not affect my inputs on this forum, nor should readers see this as an indicator of you actually being correct.

ND, the advice you offered was basically for the OP to proceed with building a pool that was prohibited by the HOA. I provided input that this would likely end in court in my neighborhood. Of course there is a process - Florida’s is not unlike what you noted, and I inferred this by noting arbitration as one of the steps. Not sure what “fast track” means since there is a process. (BTW, Florida Statute dictates the process - violation notices, to fines , to arbitration, to court - very clearly).

And, ND, since your tone is that this whole concept is about your enjoyment of something that is counter to an agreement you signed, we are not going to agree on the importance of just following the rules. That you would do this, then discuss disassembling the violation, points even more to someone simply manipulating the system - again, for their own enjoyment. My board would certainly take this manipulation into consideration on this violation - and, in our future interactions with you.

None of the neighborhoods of which I write are “over 55,” although one has a higher percentage of older owners.

And, finally, the boards in these neighborhoods are pretty chill - they are, however, very interested in everyone following the basic rules, and each board member knows they are held to the same standards as any other owner.

Actually George, I have never claimed to know more than anyone else, I just happened to know more than anyone as it pertains to California. Others may disagree with what I post, but in no way does that mean I'm not correct.

You have to tread very lightly when dealing with individuals with a disability, especially a child. That being said, based on your response, I could see you being the president of an association that would bankruptcy their community because you personally didn't like their political sign.

This follows posting guideline, teaching someone how not to put foot in mouth before speaking.

To me, this seems like an option with merit. I do not appreciate a board or anyone messing with the needs of the disabled.

This George and Mark pi$$ing contest is getting tiring. I believe they both contribute but as I say, their personal interaction is not only getting tiring, it is childish on both their parts.

John

My doctor tell me I need to pee once in a while, as it's not good to hold it. They tell me to make sure it's aimed in the right direction. That's all I'm doing, following directions.