CC&R Enforcement…or lack of

SueM11 (Pennsylvania)
Posts: 1

Posted:

Good morning all,

Our HOA claims they have “no teeth” when it comes to enforcement
CCR’s/Bylaws.

Long story short…a pool plan was submitted for approval to the Board, which they approved. Unfortunately, the homeowner didn’t build what they approved. The plot plan was not complete. They omitted several improvements would have ultimately required a full stormwater management plan.
The did an entire regrade (over 5000 sq feet) with no grading permit , they have no variance for the shed (as required), their lower lying property now downgrades to me. They have bermed up the yard and redirected stormwater. Ahhh, but the only storm drain we have access to is in front of their house.
Our yard is destroyed. We are about to lose our 11th tree. Yes, there is that much stormwater stuck in our yard. Their “drop in” pool was actually built partially above ground. Enough that an excavator had to drive up it.

I have attached, in part, the CCR’s which state they need approval and plans for what they are building. Also, the exact verbiage for enforcement by the Board.

Thanks so much for any insight!

TerriS6 (California)
Posts: 3,284

Posted:

Are all these projects subject to your local city or county? If so, have you contacted them?
Who does your board say has teeth to enforce the CC&Rs?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is true a HOA does lack teeth for enforcement. However, there are ways to form teeth. One way is to have a fining schedule if able to issue fines. This schedule defines what is a violation and how much fines are to the max. This is to be given to every member.

This is the other way that has teeth. If the member is in violation the HOA can place a lien. However there is a process to follow. You can not randomly lien. The HOA has to send a letter giving x amount of days to fix the violation per the rules. If they fail to fix it, the the HOA can pay to fix the issue and send owner the bill. If do not pay it, then a lien can be placed for that amount owed. Your documents should detail this.

Now if there are city or county code violations then the HOA contacts them. Not HOA violation. Let city or county handle it.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By SueM11 on 04/10/2024 8:12 AM
Our HOA claims they have “no teeth” when it comes to enforcement CCR’s/Bylaws.

Respectfully, I think you mean that the board claims it lacks the legal authority to enforce the CCRs/Bylaws. This is almost assuredly highly misleading or inaccurate. Some facts:

-- The courts view covenants as being equivalent to contractual terms (1) between neighbors and (2) between an owner and the HOA corporation; and (3) more.

-- As contractual terms, the courts can enforce the covenants.

-- CCRs often say the HOA has the authority to enforce the covenants. But importantly, one owner can enforce the covenants against another owner. This is because the covenants are a contract between owners.

-- You would have to attach much of the CCRs for people here to give you exacting advice. Attachments are possible by using the "Choose file" feature just before one hits the "Submit" button. Attachments must be less than 200 kilobytes each. PDF files and MS word files will attach. Maybe other formats will also attach.

-- The failure to follow the plans approved by the HOA is a big deal, especially since your yard has been affected with drainage problems. Drainage is a big deal in general. City Land Use departments have hundreds of pages of code that they enforce pertaining to drainage. Plats often speak to the impermeable surface allowed. More.

-- If you attach the sections of your CCRs that speak to enforcement (by owners and by the board/HOA), I can draft a "demand letter lite" to send to the board and your neighbor to try to get action.

-- If much of the above does not make sense, you may have to lawyer up. People here are posting based on years of experience reading CCRs, statutes and more. For most people (in my experience), it takes a lot of time for these concepts to sink in.

TimB4 (Tennessee)
Posts: 21,059

Posted:

If they didn't have permits, report the issue to the county/municipality.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

buy a $300 sump pump?
and trench a pipe and pop up filter to street?

vis ta vie

WendyM5 (North Carolina)
Posts: 1,522

Posted:

buy a $300 sump pump?
and trench a pipe and pop up filter to street?

vis ta vie

LetA (Nevada)
Posts: 2,679

Posted:

Hire a civil engineer to survey your lot. Use their report and bring it up with the HOA board. At the same time, report the neighbor
to your local building inspector for violations to have their property inspected code violations. It is quite possible they did not
pull permits or have any inspections completed at their end.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By SueM11 on 04/10/2024 8:12 AM
Good morning all,

Our HOA claims they have “no teeth” when it comes to enforcement
CCR’s/Bylaws.

Long story short…a pool plan was submitted for approval to the Board, which they approved. Unfortunately, the homeowner didn’t build what they approved. The plot plan was not complete. They omitted several improvements would have ultimately required a full stormwater management plan.
The did an entire regrade (over 5000 sq feet) with no grading permit , they have no variance for the shed (as required), their lower lying property now downgrades to me. They have bermed up the yard and redirected stormwater. Ahhh, but the only storm drain we have access to is in front of their house.
Our yard is destroyed. We are about to lose our 11th tree. Yes, there is that much stormwater stuck in our yard. Their “drop in” pool was actually built partially above ground. Enough that an excavator had to drive up it.

I have attached, in part, the CCR’s which state they need approval and plans for what they are building. Also, the exact verbiage for enforcement by the Board.

Thanks so much for any insight!

Your Board has no teeth.

TimB4 (Tennessee)
Posts: 21,059

Posted:

You will need to be the one to bring the issue to your neighbor and work together, if possible, to address the issue.

If the two of you can't address the issue working together, you will need to go to court.

Take photos and document.

Your local agency that addresses stormwater management may be able to assist you.

ValK2 (Tennessee)
Posts: 65

Posted:

Our community had a similar situation where a homeowner rather sneakily (another story) tried to slip in a 2400 square foot garage which is not allowed by our Covenants. The Board was blissfully unaware of the situation (came to the fore when we/neighbor noticed permits had been pulled with the local municipality).

Rather than put oneself in the middle, we went to the Board and asked them to enforce our Covenants, which they did through the use of a court ordered restraining order. Doing it this way forces the board to enforce, and also saves YOU the costs of attorney fees, etc. It is THEIR responsibility according to our by-laws.

Sadly, the Board must have gotten all puffed up over their "victory" as the homeowner moved the building closer to the original house, built is as an "addition" and added a half acre of "landscaping" which looks like a poorly lit shopping mall parking lot!

The whole project has dragged on for over two years (Covenants say one year "plus" for exceptional circumstances") and the project has gone on to violate numerous of our Covenants, which the Board refuses to enforce, partly because they spent near $10,000 originally and now don't want to look like spendthrifts to the community. They could have dealt with the issues through proper initial enforcement. We suffer from the "drip, drip, drip" syndrome in our (Southern--we're all "nice") community.

So, sorry OP, but in the end, as much as i hate to say it, you have to lawyer up and fight the battle yourself. But i would recommend the municipal permits route, then the Board (force them to force compliance, whatever that means in your situation), and then go after the property owner. I think there are usually laws about neighbors' behavior invading your property, and the fix falls to the neighbor.

It really, really stinks that things resolve this way. Should be that offenders shouldn't think (sic) about only themselves, but sometimes people are like that. Our homeowner cited above has nothing but verbally stated contempt for our covenants and is one of those "my property, my rights" types even though they bought in an HOA Community with known rules. Makes no sense, but that is human behavior.

Good luck. I feel your pain and frustration.

ValK2 (Tennessee)
Posts: 65

Posted:

Our community had a similar situation where a homeowner rather sneakily (another story) tried to slip in a 2400 square foot garage which is not allowed by our Covenants. The Board was blissfully unaware of the situation (came to the fore when we/neighbor noticed permits had been pulled with the local municipality).

Rather than put oneself in the middle, we went to the Board and asked them to enforce our Covenants, which they did through the use of a court ordered restraining order. Doing it this way forces the board to enforce, and also saves YOU the costs of attorney fees, etc. It is THEIR responsibility according to our by-laws.

Sadly, the Board must have gotten all puffed up over their "victory" as the homeowner moved the building closer to the original house, built is as an "addition" and added a half acre of "landscaping" which looks like a poorly lit shopping mall parking lot!

The whole project has dragged on for over two years (Covenants say one year "plus" for exceptional circumstances") and the project has gone on to violate numerous of our Covenants, which the Board refuses to enforce, partly because they spent near $10,000 originally and now don't want to look like spendthrifts to the community. They could have dealt with the issues through proper initial enforcement. We suffer from the "drip, drip, drip" syndrome in our (Southern--we're all "nice") community.

So, sorry OP, but in the end, as much as i hate to say it, you have to lawyer up and fight the battle yourself. But i would recommend the municipal permits route, then the Board (force them to force compliance, whatever that means in your situation), and then go after the property owner. I think there are usually laws about neighbors' behavior invading your property, and the fix falls to the neighbor.

It really, really stinks that things resolve this way. Should be that offenders shouldn't think (sic) about only themselves, but sometimes people are like that. Our homeowner cited above has nothing but verbally stated contempt for our covenants and is one of those "my property, my rights" types even though they bought in an HOA Community with known rules. Makes no sense, but that is human behavior.

Good luck. I feel your pain and frustration.