nuisance homeowner

Started by JimA19 • 17 replies • 262 views

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JimA19 (Georgia)
Posts: 54

Posted:

we have a homeowner who makes her own interpretation of our CCR's and so informs the homeowner in question, consistantly. she has been requested to inform the Board of any CCR infractions to no avail.
I there any remedy for this matter.

ElleN (Idaho)
Posts: 4,420

Posted:

Do the CC&Rs have a section that says that owners can enforce the covenants themselves, without using the HOA? If so, then so far, I do not see that she is legally obligated to use the HOA to enforce the CC&Rs.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Make her a board member.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ElleN on 01/26/2024 9:32 AM
Do the CC&Rs have a section that says that owners can enforce the covenants themselves, without using the HOA? If so, then so far, I do not see that she is legally obligated to use the HOA to enforce the CC&Rs.

I believe this must be done legally.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JohnC46 on 01/26/2024 9:46 AM

I believe this must be done legally.

?

I always thought the first step in enforcing the covenants is to inform the owner in question of the alleged violation and ask the owner to correct this.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the Board, JimA? Is "this matter" that the owner keeps nagging the alleged violator? If that's what you mean, JimA, imo it's none of the business of the board. It's a neighbor/neighbor dispute.

Does your HOA have a method by which residents can report alleged violations to the Board or management company, with pics if relevant?

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By JimA19 on 01/26/2024 9:28 AM
we have a homeowner who makes her own interpretation of our CCR's and so informs the homeowner in question, consistantly. she has been requested to inform the Board of any CCR infractions to no avail.
I there any remedy for this matter.

Sure, send out a communication to the community reminding folks it is the board’s duty to interpret and enforce the CCRs and regulations. Any alleged violations are required to be submitted to the board for an investigation and if the board determines a violation has occurred the owner will receive a written notice. I

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By DeanJ on 01/26/2024 12:07 PM
Sure, send out a communication to the community reminding folks it is the board’s duty to interpret and enforce the CCRs and regulations. Any alleged violations are required to be submitted to the board for an investigation

Required? Says who?

Really, HOA Boards are not the Stasi. Let's not help owners think otherwise.

TerriS6 (California)
Posts: 3,284

Posted:

Either the association or individual members can enforce the CC&Rs.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TerriS6 on 01/26/2024 12:23 PM
Either the association or individual members can enforce the CC&Rs.

Enforce how?

TerriS6 (California)
Posts: 3,284

Posted:

From DS.com.

Members. Association members can also bring legal action against other members who violate the CC&Rs. (Civ. Code § 5975(a).) If necessary, they can file an action against the association for its failure to carry out its duties under the CC&Rs. (Posey v. Leavitt, “Under well-accepted principles of condominium law, a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the declaration.”). However, an owner lacks standing to assert due process rights of other owners--the association is the defacto representatives of its members. (Quail Lakes v. Lozina.) Depending on the matter, homeowners can bring enforcement actions in small claims court or superior court.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Thanks John. I so want to know the secret super powers HOA have for enforcement. Is there something I am missing? Fines if fining schedule and allowed to find. Lien if HOA does the work on owners behalf. Very rare. A lawsuit per Terri that does not hold much weight. A violation letter written by a big bad lawyer? Threatening what?

My HOA never issued out one fine nor lawsuit the entire time I was in office. Violations were few.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By MelissaP1 on 01/26/2024 12:42 PM
A lawsuit per Terri that does not hold much weight.

That you think the courts do not enforce contracts (including covenants) is weird.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

What is weird? A HOA is not suing usually for that. They sue for money. No money in rules enforcement.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By MelissaP1 on 01/26/2024 2:52 PM
What is weird? A HOA is not suing usually for that. They sue for money.

Nonsense all-around.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why because it is not how you would do it? I find lawsuit have little to no power in a HOA. You never have to tell your HOA where you work or your social security number. How going to collect? Can sell and move never paying a dime.

How many people are comfortable with sending someone to jail for a violation? What choice does court have to force their ruling? Force party to pay a fine or send to jail if so not comply with either. Is there another punishment for them to enforce?

I am a lien and foreclose gal. It has teeth. I can force you to stay till pay up or I can get rid of you out of the HOA. Your sure not moving away and leaving me hanging.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By MelissaP1 on 01/26/2024 3:19 PM
Why because it is not how you would do it?

Because HOA case law is overwhelmingly about one party suing another to get the second party to comply with covenants. Covenants involve actions, not money.

KerryL1 (California)
Posts: 14,550

Posted:

Until JimA tells us more, we don't know if the person. being harassed by Ms. CC&R-Know-it-all, HAS violated anything!

As Dean & I both advise, the accuser should send the Board or PM a report with pics if needed, showing the alleged violation and asking the Board to take action. If an owner doesn't report properly per HOA policy, the Board may not need to do anything. So Dean's "required" is too strong, but I, and perhaps others, know that the Board does not have to take any action if the accuser doesn't follow Board policy. Or if they're unable to confirm the alleged violation. My HOA has a forms for those who report violations to fill out.

Next, in my HOA and in others who've discussed this subject on this forum, the PM or Board corroborates the alleged violation and sends the property owner a courtesy letter to cure it, and so on, following due process.

If the CC&Rs permit it one method of enforcement is to withhold the use of common area amenities if there are any worth withholding.

Other scenarios here are IF the Board refuses to act on a confirmed violation, THEN, etc.,etc.

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