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HOA drama. Need advice

Started by TammyR2 • 16 replies • 545 views

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TammyR2 (Oklahoma)
Posts: 6
Posted:
Our HOA president is Mia. He is not enforcing our covenants. Anyways we have a house running a very active busy business in the neighborhood. Cars up and down the street all day long. Their driveway always has multiple cars Assoc. with the business. My daughter, our neighbor has reached out to the business multiple times and they won’t return her calls. Do she left them a bad review. Well now they have served her with papers. They are sueing her. This is getting out of hand. Any advice would be much appreciated. I’m going to attach the page of our HOA that addresses home businesses.

Thank you so much
MaxB4
Posts: 3,513
Posted:
If the home base business violation is listed in your CCRs, then that document give a homeowner the authority to take legal action in the event the governing body for whatever reason chooses not to do so.

If you daughter wrote a bad review and the business is taking legal action, you better hope you are 110% in the right.
TammyR2 (Oklahoma)
Posts: 6
Posted:
I tried to attach the HOA rules. I’ll try again. I feel like it is vague.
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄141423762071.pdf(713 KB)
BenA2 (Texas)
Posts: 1,273
Posted:
I suggest finding out the process for making a complaint to the HOA if you haven't done so. Usually there is an Architectural Review Committee or Architectural Control Committee that enforces covenants. Some HOAs will not take action if there is not a formal complaint. It would be unusual for the president to be responsible for enforcing covenants. The president runs the meetings, the board runs the HOA.

I did not see an attachment so I don't know what your covenants say but there could be a valid reason for not going after this business. Have you asked the board?

MaxB4
Posts: 3,513
Posted:
As the judge would say, based on the evidence you present, you have no case.
BenA2 (Texas)
Posts: 1,273
Posted:
I just saw the attachment. There is a requirement that the tracts be residential but that does not necessarily mean you cannot have a business out of your home. I did not see anything that actually prohibits businesses. It's possible the board has looked into this and has decided there is no violation. You would have to talk to them to find out.

AugustinD
Posts: 3,698
Posted:
I read the attachment quickly and feel as BenA2 does.

One option mentioned often at this forum is moving.
TammyR2 (Oklahoma)
Posts: 6
Posted:
The last page addresses employees and equipment. It is a medical transport business with at least a dozen cars painted up with their logo. I see 3 violations. Cars=Equipment
Employees= non family members snd there are many
Advertising signage= Painted up vehicles approx a dozen
TammyR2 (Oklahoma)
Posts: 6
Posted:
Our HOA is small about 2 dozen houses. Consisting of president and secretary (husband and wife). Treasurer the offender.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By TammyR2 on 04/14/2021 1:50 PM
The last page addresses employees and equipment. It is a medical transport business with at least a dozen cars painted up with their logo. I see 3 violations. Cars=Equipment
Employees= non family members snd there are many
Advertising signage= Painted up vehicles approx a dozen
Is the last page quoting your City's Zoning Code? If so, take your complaint to the city.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AugustinD on 04/14/2021 1:55 PM
Posted By TammyR2 on 04/14/2021 1:50 PM
The last page addresses employees and equipment. It is a medical transport business with at least a dozen cars painted up with their logo. I see 3 violations. Cars=Equipment
Employees= non family members snd there are many
Advertising signage= Painted up vehicles approx a dozen
Is the last page quoting your City's Zoning Code? If so, take your complaint to the city.

It seems so thus take it up with the city.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 04/14/2021 2:11 PM
Posted By AugustinD on 04/14/2021 1:55 PM
Posted By TammyR2 on 04/14/2021 1:50 PM
The last page addresses employees and equipment. It is a medical transport business with at least a dozen cars painted up with their logo. I see 3 violations. Cars=Equipment
Employees= non family members snd there are many
Advertising signage= Painted up vehicles approx a dozen
Is the last page quoting your City's Zoning Code? If so, take your complaint to the city.


It seems so thus take it up with the city.

ADD ON
It seems they may or not be actually running the business out of the home but
they are storing/parking business vehicles there and that might well be
the case against them.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
First off, your daughter can be sued for this. It is slander/libel if it is baseless and is proven to have cost them business. She did cross a line here. The HOA is responsible and individuals should not take those responsibilities into their own hands.

Plus what can your HOA do about this violation anyways? Can they fine them? Stop them from using the amenities? Tow their vehicles? What is written as a punishment the HOA can apply. Just because it is restricted doesn't mean your HOA has teeth to enforce it.

Need to contact the city for some violations. Also consider the IRS. Otherwise, find out what if any actions your HOA can take.

Hope your daughter has proof what they are saying is true. Otherwise, all she can prove is that they are violating the HOA rules. What does that bad mouth their business?
Former HOA President
TammyR2 (Oklahoma)
Posts: 6
Posted:
She has previously emailed the president and the city. The president solution was to see if they would move the business into their building in the backyard. The other issue is we have to maintain our road. Which we have resurface every couple of years. They are literally up and down the road all day long until now that they filed the lawsuit.
TammyR2 (Oklahoma)
Posts: 6
Posted:
We do have presidence. There was a business told they could not operate in our neighborhood before
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TammyR2 on 04/14/2021 12:48 PM

Our HOA president is Mia. He is not enforcing our covenants.

Note: The President is one member of the board.
They may often be perceived as the voice and face of the board, but they typically have little authority beyond setting the agenda.

What you describe is an issue with the entire board - not one individual.

TimB4 (Tennessee)
Posts: 21,059
Posted:
I agree with others that your daughter leaving a review of the business when she has not used the services of the business was wrong.

Regarding the legal action - consult an attorney NOW!

Regarding the business itself, I expect it's a daycare business.
Review the records of the county to see if it's licensed or in violation of any of the regulations regarding the business.

As others have said, if the Association is refusing to enforce, your daughter could consider taking legal action against the neighbor to enforce and/or the Association for failure to enforce.

Something to bring up when your daughter talks to an attorney about the legal action against her.

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