HOAs are not Police

Boards also have power from the state by statute but yes it's not police power. Many CC&Rs are out of date respecting current statutes.

I think its part of the many misassumptions people have about HOAs. They think the association is supposed to ensure property values, and part of this should be to prevent crime. As you note, that's not what HOAs do and even the police can't be everywhere 24/7.

As for CCR enforcement, I think people don't want to discuss anything with their neighbors to try to resolve something, even if it's faster (especially when people approach things in a calm manner). Then you have the ones who'd rather have the HOA do their dirty work for them.

To with - your neighbors who've been feuding for 5 years. At this point, they probably don't remember how the thing got started and are hellbent on being right as opposed to resolving the problem. Because THEY'RE right and everyone else is wrong. They don't want to take tge matter to small claims court because there's a chance they will lose and/or the judge will yell at everyone for wasting his/her time and get the hell out of the courtroom.

It may time to tell these two that unless they can show this is an association issue (involves use or abuse of the common area and/or is causing problems for other neighbors), they can either choose keep this going forever and a day or go to court on their own dime and settle it there. From this point on, the board will not review this matter further - they've been told all this already and have yet to come up with anything new.

Say, Tim, does the neighbor who complained to the Board believe his neighbor is violating the covenants or rules? Does the one who complains cite the covenant or rule he. believe was violated?

Yep, people are clueless about how HOA's run. Most think that if they are not enforcing rules there is nothing else they do. 95% of the work I do is spending money for common area's maintenance.

We switched to self reporting of violations. Only 2 people took photos and submitted them online via google forms over the last 8 months. Old president said that was unethical to have neighbors snitch on each other and we need a management company to do that. fired Mgt company made $4 per violation and had a minimum of 20 every month sometimes 50 or more for a 150 home subdivision it was ridiculous and obvious money maker for them. Clover was written up as a weed as an example. almost all yards have clover down here.

I didn’t intend to correct you as I know nothing about TN HOAs. I was just curious. Thanks.

Sounds good, except you left out HOAs have the authority to establish and enforce reasonable regulations. These regulation may go far beyond changes to the property. These regulations can cover the personal conduct of the persons who reside in the community.

This may include every thing from noise, maintenance, outside storage, traffic regulations, ect.

Tim,

I've been an active board member and HOA president for over a decade as no one else wants the job and believe I do okay for what we do. That said, demands that I become a quasi-police officer to enforce rules (alone) and now calls to my house for even the smallest complaints, rather than calling the management office, is leading me towards retirement later in 2024.

Maybe I've run my course and my energy for volunteering is waning (for HOA service), but I've grown tired of it - even for the complaints that have merit.

Your old president is a bit of a dweeb (which may ge why he's an ex-president) I don't believe in homeowners telling on each other for childish reasons, but he needs to remember what snitching really is. Someone's gets in trouble and in order to get out of it or lessen severe penalties (sometimes both), he/she offers up information on another person who did something just as awful or worse. That's not the same as trying to work things out with a neighbor who ignores you or tells you to kick rocks, and do you need to serve him /her/them accordingly.

Rules enforcement is difficult and so boards have to be mindful on what violations are more problematic than others. For instance, junk cars in one's yard is already ugly, but they can also attract vermin, causing another set of problems, including health risks. Ditto for dog poo everywhere and people who seem to love hosting drag races in the middle of the night - loud as hell and someone driving down the street at the wrong time can get hit. Those issues are more important to me than, say, someone who puts up a shadowbox style privacy fence instead of the approved standard because tastes can and do change.

To keep rules enforcement consistent, property managers CAN help in this regard because they don't live in the community. The board can always instruct the property manager to keep an eye out for spe ific violations that have caused problems and that could dissuade them from loo,ING for stuff just to make money. Maybe that's what your board should have done.

Since you're now self managed, there's nothing wrong with setting priorities on violations affe ting the common area and telling homeowners exactly why they have a right to go after people in court if they violate CCRs but common areas aren't involved. If they don't like your approach, they can always vote you out and put in someone who will do what they want or do it themselves. As I've said before, you don't always get what you want and that means determining what really warrants your time and energy,

Your contributions to this forum almost always are really helpful, Kelly. Yours *& my last posts must have crossed.

Based on several years of board service, with a full-time community manager, It's easy for me to say, but residents simply do not personally contact board members even though some directors are well-known in the community. And it's pretty easy to top directors on the elevators for a couple of moments to vent. but it just doesn't happen.

There's a form on our website to be completed by residents where alleged violations of our rules are inserted. I probably complete it 2-3Xs a year. There's another form for Work Orders that also goes to mgmt..

Or, Send out a memo from the PM on behalf of them and the Board stating firmly that all association business, suggestions, complaints go to them. Or place a notice in a newsletter from the Board.

As a property manager, I deal with this a lot. Why they feel like I need to put in the middle is beyond me. One person had a friend park behind their house blocking part of the driveway. Instead of the neighbor contacting them, they emailed me. I simply asked the person to have their friend move. Simple! The upset neighbor that contacted me could have done the same thing.