Board will not answer questions.

Our homeowners association has been in existence since 1984. Everyone has their driveways and garages and in the front there are cutouts for additional cars. That is supposed to be for the guests. Well for the last 20 years it has somewhat been used for guests with homeowners parking once in a while. In the last 3 years there has been homeowners parking out there every night. In October the board adopted a fine schedule for homeowners who park out front. I was under the impression that they had to notify the homeowners and we all got to vote on it but when I asked the management company she said no but she would get back to me.

Well she never did which is typical and then informed me that the board decided that since I did not attend the homeowners meeting they assumed the dispute was over. For one I had no idea I needed to be at the meeting and the management company never told me I needed to be there and two I was just asking questions.I sent a letter when they were having the annual meeting again asking about the rules because I had a meeting for work that I could not get out of. The question I had was who was going to be monitoring the parking. I was parking out there but when they set the parking fines I parked out on the street but my car was broken into and the stereo stolen. Now one of the board members parks their car periodically out in guest parking and so do a lot of other homeowners and no fines have been given out. It seems to me to be a little ridiculous when they will not answer questions and their own board members are breaking the rules. The management company sent me an email saying that she gave the board the letter but they will not address any issue unless the homeowner is there at the meetings. The next meeting is now in March and they will not answer any questions unless I attend meetings. Is this legal?

The original meeting that I didn't know i needed to attend was a regular monthly board meeting was in November. There was no December meeting and the next meeting was the annual meeting that I could not attend. Now the meeting in March is a regular board meeting that they are now holding every 2 months.

How do you know no one has been fined?

I am not positive that no one has been fined but they are still parking out there which would mean they are not being fined.

The original CCR's did not have fines attached. This is a new item that the board decided.

I don't think they are targeting me but my only question to the management company originally was if it was legal to adopt a fine schedule or did the homeowners need to vote on it. I addressed the board through a letter asking if they would reconsider and maybe we could think of an alternative to the fines. When the October newsletter came out regarding the fines I called the management company to ask about a grace period. She stated that there was not a grace period. In the November newsletter it stated the grace period was not over. This is the communication problem with the management company. I have had an ongoing question to them regarding my landscaping in the front that is dirt with some bushes. I have asked for three years if they would be landscaping it with any ground cover. The management company always says they don't know and they will get back to me. This has been ongoing and she never calls back. I will not call her because if I have a phone conversation she always gives out the wrong information and then denies it. I always insist on something in writing.

The only thing I want is the answers to my questions reqarding the parking. My question really is if the board has any right to not address any questions or disputes at the meetings. This also goes for the propery manager who just says she will elt the board know at the next meeting 2 months from now. It also disturbs me that while I am parking on the street and my car is being broken into there are about 10 cars per night illegally parking in the guest parking including a board member and nothing is being done. It has been two months since they mentioned a fine schedule. Either enforce it or don't but don't put out a fine schedule and then ignore it.

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SueB1 - Why are you parking on the street. Is there no room in your garage and driveway?

Gerald- If I park out there than if I am fined I will have to pay for it. They will not pay for any plants out front. You have to get it approved and pay for it yourself if you want it to look nice.

Donna- I had 4 cars and only room for two. My daughter just moved out and we are down to 3 cars. The houses are small and most neighbors, like us, do not have room in their garages. Not that it is their problem but we haven't had an issue in 20 years that I have lived here.

We are considered duet homes or townhomes. Our complex has 2 units attached together with our own garages and driveways. There is a front circle and a back circle with a pool and trees in the middle of the front circle and in the back it is a park area with grass and trees. On both sides there is a cut out for parking for maybe about 7 cars and that is guest parking.

I understand that the parking is for guests and it is a little ridiculous when your guests can't park there but most guests park next to the houses anyway. The problem started about 2 years ago when 2 new neighbors moved in and they use the guest parking for 2 out of 3 cars. They won't park more than 1 car in their driveway. Now they still park out there and us who have used it mainly for overnight parking because I would get home about 6:00 and leave by 6:00 the next morning as most neighbors did. The main issue I have is I can't get them to answer a question because they refuse unless I go to a homeowners meeting. These are basic questions. I don't think it is unreasonable to ask for clarification on a rule. I am also a past president and the amazing thing about this board is when I was on the board these homeowners always demanded answers within 10 days on any issue or they threatened a lawsuit. They are also all friends and spend a lot of time together. Now that they are on the board they won't respond even through the PM. The pm is no help at all.

"I presented your letter to the board of directors last night at the meeting. The meeting was the 17th not the 16th. The Boards response was that you need to attend a meeting with your complaints , and that they can address your issues in person. The next meeting is scheduled for March 20"

This is the response I got back from the pm on Friday, Jan 18th after they had their meeting on Thursday. Jan 17th.

I'm not sure if it falls under CA CC1363.03-1363.09 because the rule was in place but the fines are new. They claim they went to a lawyer and they authorized it. When I asked who the lawyer is they wouldn't respond and said that all matters have to go through the meetings.

Regarding the statute of limitations what would be enforcing. I think maybe somewhere along the way they send out notices in the newsletters but never followed through. Would you happen to know where that statute would be located?

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As far as the meetings they usually post the meetings but no one ever goes. My meetings for work a lot of times coincide with the board meetings. They don't seem to care though. I am just wondering if the board has the right to make people go to the meetings or if a phone call to the pm or a letter are enough.

Thanks,

Sue

Thank you Jane and everyone else who answered. I will let you know what happens.

JaneK - Regarding your quote from Davis Stirling on the 5 year limitation to enforce fines, IMHO that applies to something permanent like a structure that was built not in accordance with the cc&r 6 years ago and now the BOD wants it removed. When it comes to something like parking which involves a car that can be re-situated, I think SueB would be hard pressed to rely on Davis Stirling's statute of limitations to permit her to continue to violate the rules or park in un-designated areas.

With all due respect Sue, and I sympathize with your situation, but violating the rules seems to be what you are doing. Parking is always a problem and will continue to get worse as land values increase and adequate or even semi-adequate parking becomes less and less a priority for developer/builders.

Technically, and I know it may sound unheard of to some, all those that can't comply with the cc&r's should move, or seek an alternative solution without a negative impact to the association.

As for your having to attend a meeting to get an answer that is pure and utter stonewalling. They'll answer you up until you provide a challenge.

JaneK,

I thoroughly disagree with your statement concerning enforcement. I’ve been a board member for just over two years now, but I have learned a great deal when it comes to enforcing our governing documents.

A VIOLATION IS A VIOLATION REGARLESS OF HOW OLD IT IS! Just it hasn’t been enforced is more less the reality. They (violators), just haven’t been caught (notified, mailed a violation notice or “nasty gram”, etc.) is the truth of the matter.(Many that post, to this discussion forum would agree with ME)
Bottom line is its STILL A VIOLATION.

As far as up and moving, I do agree with you there, it’s easier said then done. That is more less an option, but not an option for all.

Just my two cents.
Chuck W.

SueB1: Your additional post certainly covers many of your complaints of your Board and Mgmt. Company--bushes & dirt, parking, fines.

Though the CC&Rs may not have had 'fines attached', if your docs state that the Board can issue fines for violations against official document restrictions, then yes, they can. And no, they do not need to take a member vote to pass.

Further, if the fine schedule was communicated correctly to residents and according to state law requiring notice and time period given, then the Board is using their authority to ensure the violations to restrictions are being addressed.

My question to you--what parking space or area 'comes with' the unit you purchased; doesn't each resident have available parking in their driveway, garage, parking area, assigned spaces?

CA Code of Civil Procedure §336.
California's laws are different from other States’ and in this case, the board cannot suddenly start enforcing a restriction against someone who has been violating it for five or more years. Ca Civil Code of Procedure 336. They can, however, enforce it against someone who has been doing it for three or four years, but that's gonna get them on unequal enforcement. If board members are parking there, then it’s really a case for unequal enforcement. According to Beth Grimm, that is the reason most associations get sued. http://www.californiacondoguru.com/hoarticles/10ways.html

Sue, how long have you and the others been parking there?

You should not have to go to a meeting if you can’t. They can arrange to meet with you at a time convenient for all parties. Check with the CA Attorney General on that. I‘m going to see if I can find any law that forces them to respond to you in a reasonable amount of time.
Jane

Yep, you are right, and as far as I know no one ever said California is logical.
Jane

JaneK - You can't provide the exact wording/sighting of California Civil Code 336? Without it I'm inclined to believe it has no bearing. As well, logic dictates a Board can not be restricted in it's ability to enforce a rule, just because of habitual violators, and habitual non-enforcement in the past.

As a board member we were sent to several forums put on by the associations lawyers. At our most recent this topic of enforcement came up. I wrote down the attorney's response.

"If a board does not enforce a section of the CCR's they may give up the right to enforce that same section in the future, it is known as waiver of enforcement"

Just my two cents from CA. and from someone that is one ADR short of a lawsuit in regards to parking in my association.
Jill

JaneK - Honestly you have no argument. The Board "may" give up the right, the Board "can loose the right", but the Board most likely will not loose any of their right to enforce the parking situation. If I was on the Board and an owner started claiming statute of limitations on parking violations I'd simply, with the Board's approval, develop a rule for a parking lottery system, or something that would re-establish the control and power of the Board to develop a new rule. In the end, the violating owner would loose.

Observation:
Our Condo Master deed in SC states aomwthing like, "failure to enforce a rule or regulation can not be considered as indication that the rule or regulation cannot be enforced ar any time in the future.."

Like all documents this could have been put in there for the developers protection, if fact is was put in there for this exact purpose. The developers write the original documents.

JillC: Power crazy is one thing; your Board governing according to the documents is another. What do your docs state regarding your truck parked in your driveway? That is all you can offer for your argument--are you in violation of official directives or rules?

It's great, you can download it here:
http://onthecommons.net/
Jane

PaulM- In response to your question the following is from my docs.

VEHICLES- A resonable number of trailers, motorhomes, trucks, campers, boats and other such recreational vehicles beonging to an Owner, may be stored within the Project if kept within a fenced side or rear yard area or within an accessory building constructed upon the lot.(CCR'S)

PARKING AND VEHICLE REGULATIONS-The speed limit within the project is 15MPH. All City, County, and State Vehicle Codes apply to all streets and will be enforced.

Trailers, campers, mobile equipment, boats, commercial vehicles or inoperable vehicles must be parked behind the fence line or in the garage. No inoperable or stored vehicles of any type shall be visable from the street.(RULES & REGS)

My questions are these:
A truck is a truck. A pick-up truck a milk truck, a Cal-trans truck ect. Why am I the only one that has been given fines?

In the Rules and Regs, it states all vehicle codes apply, so in the CA Vehicle Code it states a pick-up fits the definition of a commercial vehicle so should not all commercial vehicles park behind the fence or in the garage? I have a nice photo album of 29 of 45 homes with their commercial vehicles in their driveway.
The board told me they get to decide the meaning of commercial.

We fight the whole truck/commercial vehicle parking side and then that gets dropped and we got a letter from the associations attorney telling us that we are operating a business from our home, proof being the truck we have. We paid our first $100.00 fine,we were told they will lein our home at an open meeting, been to 4 hearings on it, gone to IDR, had a homeowner vote to change the amendment to include our truck, it did not pass, and have now demanded our $100.00 fine that was paid to be refunded before Feb 8th. Is we do not get it back and this does not go away, we go to ADR, after ADR our attorny is waiting in the wings on a harassment lawsuit. Oh, forgot to mention, 2 weeks before we started getting letters about our truck, we were denied an American Flag in our yard, fought it, board went to the attorney and were told we could not be denied. 3 weeks ago we were denied changing a small area in our yard to add a tree (noone fills our Arch apps for trees, bushes,ect. we only did because we were told to play the game and follow all rules.) We also have a copy of a report with the County we live in from a "neighbor complaint" about our flag pole.
The best part is our PREZ has a mid size truck with his company logo on it that parks in our complex everyday, the TRES has 2 vehicles that I have nice phots of that are stored in her driveway and have been for 97 days now. The board took away my position as the Treasurer because "we are afraid you are going to copy the checks that are paid to the attorney and show the homeowners" This is my nightmare living in a HOA. This just saved me $150.00 therapy bill!!!!!
Jill

JillC - There will always be some that impose their will upon others thinking the rules don't apply to them. You may very well be the victim of discrimination however, three wrongs (yours, the Pres., and the Treas.) don't make a right, plain and simple. How do you know that others have not been given fines? Just because their violation continues does not mean they haven't been given a warning, or fine. The only way for you to really know is to review the association documents, their file, not sure if you are permitted to do so?

Jill: In regards to your direct statement..."My questions are these:
A truck is a truck. A pick-up truck a milk truck, a Cal-trans truck ect. Why am I the only one that has been given fines?"

I disagree with "a truck is a truck..." Not True. And, perhaps that is the reason you are being given fines.

Since you have tagged onto the original posters question, perhaps you would want to post as a new topic. That way you can present your details and receive responses relevant to your specific situation. It gets too complicated when the various situations 'run together' and the waters (responses) get muddied.