Fines,restrictions and changing restrictions

A few questions I have and hope to get help.Can an aecc board members knock on community residents doors another citizen/bussiness in the community?My husband is a builder/contractor in our subdivision and they plainly don’t like contractors.A member of the aecc board chose to go knock on a residents door and warn them that my husband uses unsafe burning practices while clearing his lots and burning brush.I know it’s very u professional but is this not slander?Another question is the aecc wanted the regulations changed on roof pitches.The only thing in the restrictions on roof pitches is listed under mobile homes and it states mobile homes must have 6/12 roof pith so really there’s no restriction on stick built roof pitch.we challenged it and when they realized we could build a stick built with 5/12 pitch they approved it but stated rules would be changed.The board voted to change all roof pitch to at least 6/12.Can they do that or does the community residents need to vote.Remember it was never a rule for stick built homes so they are actually making a rule that only board members voted on.

Can someone knock on doors? Of course they can.


I am not an attorney and would not attempt to tell you what is or isn't considered slander in the State of TN.
I will offer the following from investopedia: Slander: Legal Definition, Example, and Difference From Libel
and, Tennessee Defamation Laws & Standards from a law firm.

If, after reviewing the above resources, you believe that there may be a cause for action, I would suggest contacting a local attorney to see what your chances of winning are or other legal options. You would likely need a few neighbors willing to testify in court to prove your case.


This becomes a tricky issue.
First, since the Association approved your stick built roof, your written approval would be a good defense if the Association attempted to enforce the rule on you.

Second, depending on how the standard is written in your CC&Rs, the board typically can not change the CC&Rs on their own (note: I said typically, there are instances where the developer can make such changes).

Third, I expect that your Association requires prior approval before any exterior changes may take place.
If this expectation is correct, the Board could adopt such a guideline and simply refuse to approve any additional requests for pitched roofs.

If someone would want to challenge this rule, they would have to take legal action against the Association.
Such legal action would likely be that the Board is exceeding their authority (legal term ultra vires) along with selective enforcement, as the Association had approved roofs with a different pitch.

Again, I am not an attorney and you would need to consult a local attorney to see what legal options there are.

Hope this helps,

TIm

It's called business disparagement. You can research the laws in your state. This one may apply. You have to double check.

Tenn. Code § 45-3-1311

Current through Acts 2023-2024, ch. 1069
Section 45-3-1311 - Defamation of business reputation
It is a Class B misdemeanor for any person to knowingly make, utter, circulate, or transmit to any other person or persons, any statement untrue in fact, derogatory to the financial condition of any association subject to this chapter, or any federal association in this state, with intent to injure the financial institution, or who shall counsel, aid, procure, or induce another to originate, make, utter, transmit, or circulate the untrue statement, with like intent.

T.C.A. § 45-3-1311

Acts 1978, ch. 708, § 5.15; T.C.A., § 45-1715.

I've already answered that.
To answer it a different way:

Can the board amend the covenants on their own? Probably not
You will need to read your covenants to identify the process to amend.

Can the board identify a standard for architectural purposes? Yes
Expecting you need prior approval, an architectural standard can be used as a basis to approve or disapprove.

If the rule/standard is in conflict with the covenants, is the rule enforceable? Yes and No.
Can the board enforce the rule it made? yes
Will the rule withstand a legal challenge? If the rule is in conflict with the covenants, probably not.
However, it would require a legal challenge. Consult your attorney for the legal options.

I’m well aware they can be adopted and amended .There is a process and it’s my understanding that if a rule already exist the aecc can take it before the board to change or amend but if there is no rule or restriction they can’t make one up for the board to vote on without the community being able to vote.

A committee can make all the rules they want to but unless the BOD makes them, they mean nothing.

A rule that conflicts with your Declaration is unenforceable...in case there is no corresponding subject language in the Declaration.

Time is right. Never buy into "I was told.!"

Dean is mistaken, not only mine, but I'm sure many other, HOAs have Rules & Regs when "chartered," as Dean puts it.