HOA Rules Violation Question

Hello,

I am an HOA member (homeowner) about to go to a violation hearing. I'm hoping to get some feedback from the members here who are part of other HOAs and other HOA boards.

Recently I received a violation regarding my patio furniture. I have 4 chairs and a small table on my front patio. The chairs are made of wood and wicker and have cloth sitting pads on two of them. The table is rectangular and also made of wood. The wood on the chairs is painted black and the wood on the table is stained dark brown.

In the violation, the HOA made the assessment that these items were being stored in view of the street and must be removed. Their reasoning is that they are household furnishings and/or appliances.

I felt this was sent in error, so I responded to the violation by explaining that these are not stored, but are clearly patio furniture as they are on my patio and arranged for such use.

The HOA responded by saying that my chairs and table do not count as patio furniture. In their response they even put patio furniture in quotes to add insult to injury.

My issue is that while the HOA does contain a line on residential restrictions, it doesn't anywhere give definitions or even guidelines on what does or doesn't count either as patio furniture or as home furnishings. Here is what the regulation says:

"#6 - No household appliances or furniture may be stored on the premises that can be viewed by other residences or from the street."

That is the end of the regulation. Nowhere in the rules or standards is an acceptable list of patio furnishings described. There are no qualities, characteristics, or otherwise defining features used to describe what is or isn't acceptable. My understanding of this rule was to mean couches, beds, or other items that are clearly not for outdoor use. However, my items are. Wood and wicker have been used as outdoor furniture for years! In fact, there are several other homes in the community with outdoor patio sets much like mine containing wood, wicker, seating pads, or a combination of the three!

The only thing I can imagine has caused this is the fact that my chairs have tall backs, but I can't understand why that would bother anyone let alone trigger a violation.

I asked the HOA to show me or otherwise describe what it was about my furniture that did not qualify as outdoor patio furniture and they did not. I was willing to accept descriptions not in the HOA guidelines, but they wouldn't even give me that. Now I'm having to do to a violation hearing.

I would really appreciate getting the thoughts of others. I do not think I am being unreasonable or breaking the rules, but maybe I'm wrong?

Can the board unilaterally decide something like this just because one of them doesn't like it?

That doesn't seem right. It seems like a huge overreach.

I agree.

Most patio furniture is wicker or metal (to better withstand the elements).

As John suggested, go online to find your furniture set in a patio design or something else to help describe the furniture as patio (vs. an old table and chairs set on the patio - akin to the old couch on the front porch).

As John said - it's subjective and determined by those making the determination.

I see ElleN had already suggested to bring photos.

I apologize to ElleN. My post on photos was an after thought after I posted my earlier reply and I didn't take another look at the thread prior to posting about bringing pictures.

Two people have the same thought - might be something to the suggestion.

Brian

It appears you have a front patio. Is that something you had put in or was it put in by the builder. If put in by the builder, do others have patio furniture also on display. Your citation that furniture or appliances cannot be stored on the patio visible to others should not apply to a patio. If you are the only home with a front patio, that could be viewed differently, but the citation you posted would not apply.

Can or do boards make up rules as they go, yes, happens all the time until challenged.

It was the management company, but they claim they sent it to the board for review and it was denied.

I see brain's last & Manx's last crossed.

Brian, in Calif HOAs, there is "due process," which means the Board MUST summon ("invite) you to a hearing with the Board. You DO get to plead your case. This MUST be in your governing documents somewhere. In o ours, it's in our CC&Rs (covenants, declaration) AND is spelled out in our rules & Regulations. See you have been invited. IMO, the PM had no business telling you what the Board 'denied you. In fact, "the board" can only make such statement in a duly called meeting. It may be executive session in this case, i.e., closed to owners, but the topic must be posed in a public spot for all owners to read. Owners names, etc. are confidential.

Re: your front patio. Were you able to replace it without Board or architectural committee approval?

Do not ask the PM for a copy of all other similar violations. S/he is not required to give it to you.

I think you need to educate yourself a little about your rights. Along with your own governing documents, Which should show you the EXACT finding or disciplinary procedures, An excellent site by a CA HOA attorney is davis-stirling.com. Go to Indexon Rules or Hearings.

Our Community manager sends out violation notices. In most cases it's a "courtesy letter" asking the owner to cure the violation, which is stated with its location in our CC&Rs or in our rules. This usually is sufficient.

If not, the "PM" sends a 2nd letter, which invites the owners to a hearing meeting in executive session. The date of the hearing is the date per ours & CA statute. The board always permits owners to suggest an alternate date.

This is your best option

In our HOA community we do not allow for any patio furniture in the front yards, except for small bench seating, and that must be approved by the ACC comittee. Check your ACC documents to see if patio furniture is even allowed. Could be a violation that the Board is persuing (with all that have patio furniture in the front) that was not issued violations in the past by a previous Board.