New HOA MC writing non-existent violations

I just got a 2nd notice from the HOA that I am in violation for "Weeds and Edging". Mind you at the 1st notice my edger was broken and was in process of getting it fixed. However, my neighbor did me a solid and edged. My front yard was edged along with my neighbors. A few days later I was able to edge my driveway. (Not good but edged). My flower bed still has pine straw which is what the rules said had to be in the beds. Plus I planted some Mint to keep bugs out. It's not "pretty" by no means but it's NOT weedy by no means. I even just installed edging around them.

While I was ticked off about this, I saw another post from a neighbor stating they got a violation for leaving garbage cans out. Mind you they have Ring cams. It's on tape they did not leave them out. Another neighbor stated they got a violation for someone parking in front of their house. They did not know who parked there nor was it in front of their house.

Now our addresses are kind of "jacked up". They do not follow any kind of "odd left/even right". It's pretty scattered random numbers. Something explained to the PM before. I don't understand their logic then on how they are writing people up for violations that are NOT their property. They are not including any pictures in their notices.

I sent them pictures showing my yard is edged (clearly) and NO weeds. Plus included my mailbox in one of the pictures. My other neighbor is sending them pics from their Ring Cam. From what I understand they still wrote the other people up for the parking violation.

What do you think should be done? Need to talk to the boss? It's frustrating as I ran an HOA for a few years. None of which these violations would have been written up or fined for. You show proof and it's done. This MC isn't listening even with proof.

Thanks Tim... The Developer is not my builder. We have no idea who is really on the "board". It's just not the owners. I read the documents and they are already written pretty badly. Plus doesn't help we are basically in the same county but different cities. Just to ADD to that confusion.

Plus the current MC person doesn't go by the rules. Me and the other owners under our builder was given a different set of definitions. Such as the fences must be Wood and shadow boxed. The flower beds are to be pine mulch. The other developer people have replaced their pine mulch. Plus that MC told me it doesn't matter the type of fence installed as long as stained "brown". So far it's been a mess as she insist there were no such definitions. (I can't find my copy off hand but read them before closing).

I did find my "mistake". Did not see where the first notice had "10 days to respond". Which I did not do as I was NOT in violation in the first place. Plus if I was it was fixed within a few days. So I did not even respond because if someone had done a 2nd visit they would have SEEN had corrected it. The 2nd notice states again a 10 day notice to respond or face a fine. The notice post marked 3 days ago... This time I sent in the pictures and asked "Where???".

Maybe I was to have replied at the first notice? I just did not see the point if I knew the 2nd revisit would have resolved the issue. They still sent no pictures... Keep in mind my neighbors grass next door was the one that put Fescue down on Berumuda. It was bright green all year long. It is now very patchy. Have not heard a word of them getting violations...

Still developer controlled. Their names are on the CC&Rs. However, they use the PM office to do everything. Last round had to go the owner of the MC. I tried to find the HOA people listed. It is very confusing as the documents are written very wrong. They have the wrong city listed. So after that hard to follow. Plus the two different developers does not help.

I have to say, that Melissa's experience here is a very strong warning to carefully read your various documents before you close the transaction on purchasing any property, especially in an HOA.

You indicated subsequently that you ignored the first notice; that the first notice had a deadline for response; that you had ignored the first notice; and that now you know better. At least, I too suspect ignoring the first notice was the mistake. (I would just assume the owners are having to educate the PM some and that's life.)

Hopefully your response to the second notice fixes things. I would wait and see.

Did you write the PM about the address problem? If not, send another communication explaining this.

I think I would start sending these communications certified mail, return receipt requested, or ask for "confirmation of receipt" of any email you sent.

I suggest: Document everything while you owners get this PM "trained."

Hmmm, I'm thinking you might want to read the contract with the MC, Melissa. It might be really interesting.

Isn't the developer still in control?

If so, I am not sure why you are talking about getting on the board.

Still think you should rad the contract with the MC. Why wouldn't you want that knowledge?

Melissa,

You should have known some of the pitfalls of buying into a developer-controlled HOA. I have no sympathy for you. Particularly after you were so certain that I would be in violation of my covenants for erecting a temporary no-dig fence. I will be moving into my new home next week and you can be sure that one of the first things I will do is install the fence. So stop your whining and contact the board. You made a big mistake by not contacting them after the first letter you received.

And you, having been on this site for many years, understand that such action would be considered a change to the exterior of the property.

Agree with the requirement on this action or not, there have been many posts where members have failed to obtain permission for something small that the Association blew into something big.

I suspect your governing documents, like most, require prior approval for exterior changes.