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Failure to enforce = no longer enforceable?

Started by JeffreyF • 40 replies • 16547 views

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JeffreyF (Georgia)
Posts: 8
Posted:
I'm in Georgia and was wondering..if our Association fails to enforce a particular rule, could the rule be considered abandoned and therefore unenforceable by a court of law? Also could you provide the part of Georgia code that pertains to this issue. I've looked but cannot find it. Thanks so much!
JosephW (Michigan)
Posts: 882
Posted:
It may not be GA law. Most documents have provisions that state that failure to enforce a particular provision of the documents doesn't waive the association's right to enforce it in the future. Look for "waiver" in in CC&R's.

Joe
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CharlesW1 (Georgia)
Posts: 826
Posted:
JeffreyF,

I don’t believe that if an association fails to enforce a particular rule/covenant that it would NO LONGER enforceable! I could very well be wrong.
What one board enforces should be routinely enforced although, some times its been noted that a board is a bit for lax than previouse boards. Never the less a violation is still a violation, regardless of when it was observed or acted upon. What I have been told and have read.

I would suggest mailing out a violation notice too ALL those in violation giving the person in violation time to comply(covenant) and consider approving or NOT approving the request submitted at that time. Word of advice would be to enforce all those the current board is familiar with as though it were the first time the violation had ever been observed. Unless the HO has an approval it is a violation, and should be treated as such.

Use the search box in the upper right hand corner of this page to search previously written posts will certainly help.

Best of luck and keep us posted.

Chuck W.
Charles E. Wafer Jr.
RaymondC (Minnesota)
Posts: 64
Posted:
There is no time limit on rule enforcement. Each new board is charged with the responsibility to enforce all the rules regardless of the performance of prior boards. Rules don't go away because prior boards failed enforcement. In fact, there may be very good reasons why they did not, and the cases you are comparing may be very different.

You agreed to follow your documents when you bought. Read them, and follow them. If you are unclear, ask you board, but don't presume you already know the answer. No board which, after all, consists of unpaid volunteers has the time to do total enforcement of all the rules in most HOA's, and so they mostly follow those that interest them at the time. It's only human nature.

If you have been notified that you are in violation, you efforts would best be spent in coming into compliance. Good luck.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Raymond C,
I don't know about your hypothisis. I agree totally, owners should have responsibility for knowing the documents. I also believe that although enforcement of rules is a Board funtion, they don't have the right to pick and choose what they are going to enforce. If an owner raises the issue of enforcement of a rule or covenant, the Board has the job of enforcing the issue. The board can't say, I don't have time to enforce ALL the rules. It seems to get lost that the all volunteers are not on the board. The owners volunteered as well and should have just as nuch concern as the Board.
MicheleD (Kentucky)
Posts: 4,491
Posted:
RobertR, you are absolutely correct.

A board has the responsibility to enforce any violation that has been formally brought to its attention.

The title of this thread may or may not be true, depending on how the board approaches its enforcement consistently.

Many CC&Rs contain clauses that say, to some extent, "failure to enforce does not waive future ability to enforce."

However, if a homeowner wanted to make an issue out of spotty or lax enforcement, courts often do deny an HOA the ability to enforce IF the board has been inconsistent or selective in its enforcement of CC&Rs. And by *selective* I mean both selective in who they enforce similar CC&Rs agains and *selective* in which CC&Rs they will enforce and which they regularly won't.

Granted, it's no guarantee that a judge will find against an HOA in those cases, BUT the risk is there when boards don't consistently and unselectively enforce their governing documents.

A judge would take all sorts of things into account. For example, if there had been years of minimal BoD enforcement, then you get a diligent board and they start consistently and non-selectively enforcing CC&Rs, the judge may find for the HOA because the new board is maintaining the governing documents and the HOA may not be penalized for the years when there was bad leadership.

BUT a judge could just as easily say just the opposite. That's why it is important for BoDs to remain consistent. Then it becomes less of a risk and less of an issue.

Conversely, a Homeowner cannot just assume that because enforcement was lax in previous years, a judge will agree with them that the board can't enforce now.

I've seen cases go both ways.

JeffreyF (Georgia)
Posts: 8
Posted:
I appreciate your reply, RaymondC ( as accusatory as it was ) but I am not in violation. (Don't presume you know the reason for my question!) I'm trying to get our board to enforce the covenants and was reading a book of Georgia real estate principles. The chapter was on encumbrances and, regarding covenants, said "It's up to the property owners within a subdivision to enforce the CC&Rs. If residents have failed to enforce a particular restriction in the past, they may no longer be able to enforce it". " A court may rule it has been abandoned and is no longer enforceable." I'm trying to persuade the board of the danger of NOT enforcing the covenants. The board seems to disagree with this statement and I'm just trying to get another opinion.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Jeffrey: You are correct.

A court may indeed rule that way.

There's no guarantee it will, but it's a very likely probability, given other elements that might come into play, so why would your board want to risk that?

Like I said, I've seen court rulings go both ways.

In one, an HOA lost the ability to enforce a certain deed restriction.

On the other hand, in another HOA in a different part of the county, the homeowner lost and the HOA won.

Of course, they learned a valuable and costly lesson, and they are very diligent in keeping more detailed records regarding CC&R violations.

The one that lost was in mid-town. The one that won (barely) is the next subdivision over from us.

Interestingly enough, BOTH cases involved the front door. The HOA that lost was trying to enforce against someone who painted their door a certain color that was not approved. However, because they were inconsistent and had not enforced that particular CC&R in over 10 years, they lost the right to enforce it legally.

The other case involved a woman installing a wrought-iron security door. The HOA won that one. The woman had shown where they had not enforced against one or two other homeowners, but the board was able to show that they did enforce each and every one that had been reported to them. The one (or two, can't really remember now) that the woman said weren't enforced against they BoD said they had no record of ever receiving a violation complaint about. And they also said since they do not engage in active enforcement and patrol the subdivision, they could not have reasonably known that the other wrought iron security door was installed without prior approval.

Anyway, while the judge wasn't crazy that some of their records were incomplete, he said there was enough consistent enforcement to believe they had not abandoned the restriction.

RogerB (Colorado)
Posts: 5,067
Posted:
The statement:
"If residents have failed to enforce a particular restriction in the past, they may no longer be able to enforce it".
IMO refers to a homeowner who has knowingly been in violation a long time. That time period in Colorado is 1 year.
BrianB (California)
Posts: 2,820
Posted:
i just wanted to say that Michele nailed the answer.

It isn't lack of enforcement that will tie your hands in court, it is inconsistent enforcement. And, it isn't as bad to occasionally be inconsistent as it is to be noticeable, patternably inconsistent.

If your board has simply not enforced something, they have every right to start enforcing it. If they have been doing it badly, they have the obligation to improve. If they have been doing it wrong, knowingly misenforcing for an agenda, then they deserve what the courts and owners may dish out.

JeffreyF (Georgia)
Posts: 8
Posted:
There is one case in particular that has been in violation for going on 3 years. He took down HALF his fence and cut down all the trees in his back yard (about 20..One fell on his roof and did some major damage). He was going to put a pool in, by himself, but found the task too daunting and now has a backyard with a stack of rotting wood the size of a wall, bare ground, half a fence, and in the summer, literally 10 foot weeds. (I've got pictures!)The HOA sent a letter 2 summers ago but got no response and told me they did not have the financial resources to enforce the covenants. So my point to them is enforce it or possibly lose the right to enforce it the future.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
Another consideration here is what is the reason certain restrictions are not enforced. If a Board does not enforce rental restrictions and it turns out the majority of the Board rents property, I feel a judge may consider this in his/her ruling. I doubt that the judge would decide to allow the Board to continue not enforcing restrictions or requirements. I have brought this issue up numerous times over the years but the Board just ignores it. To force the legal aspect through the courts is just something that the Association can't win, no matter what is decided. Cost of contesting the issue would most likely fall on the association, in the long run. So, you bide your time until conditions change, and then force the issue inside the association. You would probably win the case because it is so blatant and not enforced because of self interest, but I doubt anything else would happen. What ever happened would cost a bundle getting to the point.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jeffery,
If I ever heard a Board state that they cannot enforce the rules because they don't have the funds to do it, I would have that Board unseated before they could close a door. That is blaitant unfulfilling their fudituary duty. Why cannot they enforce against this guy who is not following any rules or guidelines? No money?, Is their a Budget? This is unacceptable from your Board. Does his messy backyard affect his neighbors ? Enforcement can still start to take hold but you need to get your Board consistant.
JeffreyF (Georgia)
Posts: 8
Posted:
Thanks DonnaS,
Our subdivion was built around 1970. Some time ago, our covenants lapsed. We got them reinstated maybe 6-8 years ago (before I moved in) and we are still rebuilding our membership. Not all the current homeowners are members yet. Right now, if an existing HOA member sells their house, the new owner must also become a member. But if a current owner is not a member, the buyer has the choice to join or not. We have been steadily getting new members and we are almost at the point that when a person buys a home in our subdivion, they MUST become a member. (I believe we need 75% participation to make membership mandatory for resales.) There is a financial consideration in deciding how far to push enforcement. My point to the board is that we've worked so hard to build membership and bring the HOA back, that NOT enforcing the covenants could jeopardized what everyone has worked so hard to achieve.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Jeffrey,

Donna is correct, she probably would have the board recalled in the circumstances as she sees them, and she is really not trying to tell you what to do as much as telling you what can be done and why. However I am sure she would agree we all have to decide our course and we can provide some options.

I know that you are presenting some logic that doesn't allow you to go the route of recalling the Board right now. But the crux of her conclusion is the board has a responsibility to protect the association. You seem to have given this problem some considerable thought and conclude that you all are going in the right direction and soon will be able to manage and govern your property in the right manner.

And assuming that is true, the fact still remains that your board is a roadblock instead of an avenue. I think you all would be better served trying to put this in order also while in the process of rebuilding. Now would be the time to insure you have a board that shows the capability to govern the association. Their excuse for not enforcing their covenants is weak at best. The board has to understand what is around the bend and prepare for getting more money if they need it. All things being equal the conditions all Boards find themselves in the position they are today, is rooted in what they have done in the past.
I suspect you are just going to have to keep chipping away and building enough support of the members, that when the time is right in this process, you have the clout to make the change and if it requires recalling all or part of the Board, so be it.
We can tell you, you have exactly the same responsibility as do the members of the board. It is your right and duty to protect the association and is the right and duty of all owners. Because people don't accept or act on their authority does not mean that right is not there.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Well said Mr. Robert,

A recall would have been my first reaction to this but under the circumstances with trying to revitalize the covenants, everyone must be working together to obtain the same end results. This is going to take alot of team work and to agitate some older members will be counterproductive. There are special cases like this one, where everybody has to lay down their personal agendas and issues and team up. Best of luck as it seems that you are bright and want what is best for your community. It won't be easy but push hard and keep focused.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna and Jeffrey,
Equally well said Donna, and I am sure you agree that how this house gets rebuilt will set the tone for the association for years to come.
BruceC2 (Virginia)
Posts: 54
Posted:
Our restrictions have never been enforced we only have 10 with the tenth stating: If the parties hereto, or any of them, or thier heirs and assigns, shall violate or attempt to violate any of the covenants and restrictions herein before January 1,2027 ,it shall be lawful for any other person or persons owning any other lot or lots in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restrictions, and either to prevent him or them from so doing or to recover damages or other dues for such violation.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bruce,
This post is like the tease line by a high pressure car salesman.

Are you a condo or Hoa or what. Do you have a set of documents that is complete and especially do you have your original documents. Who wrote the documents? Have they every been amended? How does your board operate? What do they do about this? Are they empowered? Why can't you change it? Have yo had a legal ruling on this? What attempts has anyone that owns in your development made to have this clarified. Have you gone to the attorney general office in Virginia. Is there any more associations that have this restriction. Is the restriction part of your master deed, by-law or state statute? Are you incorporated, if so, how is your association registered. Have you made any attempt to get a ruling on the internet from those Law firms that allow you to present this clause to them.

I think I could sit and never finish asking the questions.
First and foremost you want to know if this is legal, not some writing put in there because of some other problem with a developer or some past legal council. To me this restriction serves no purpose and makes no sense. Why do you think it is their in a self governing association? First it would appear to be harmful to the membership, and that is not allowed in a Licensed corporation if the shareholder don't allow it.

Too crazy for me, but I am anxious to see what you are talking about. Put it all on a new thread, please.
JeffreyF (Georgia)
Posts: 8
Posted:
Thanks to everyone who commented. I guess the botomm line is what Donna said. It IS possible a court could rule that the restriction is no longer enforceable but it depends on a lot of factors. All my HOA needs to realize is that is IS possible. Thanks again everybody.
JeffreyF (Georgia)
Posts: 8
Posted:
Excuse...what Michelle said!
BruceC2 (Virginia)
Posts: 54
Posted:
RobertR1,
Thanks for responding your wisdom is always helpful, I am like a bobble head figure dealing with this mess.The quote from our controlling documents of which you are talking about is as stated, and YES what is my fidicuary duties when you have writings like this. Yes I have contacted a law firm that only deals with HOA/POA and have sent all the information to the BOD about it, problem is my Board is travling and to get a meeting set will not happen till mid March.Also there is the fact of expenses the attorneys want $1200.00 to review the controlling documents and be retained for 1 year with other expenses for work required to be done. We only have $4,125 a year to operate and fix problems on our 3 miles of road. And to add to these problems I have just learned that the association has never filed a non exempt tax filing with the IRS. I hate to unload my problems on you Robert but some of the Board members are arguing with me about putting there spouses on the Board to fill the positions when I have explained that would be a violation of the 1 vote 1 lot membership and voting. I know this does`nt give you great detail but in my situation I have to throw it all out there.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bruce,
Well, there is no doubt you have multiple problems and it is probably best to sit down and figure out what to do first. To this end, you need some homeowners help and support. The more support you have the more problems you can solve. It is damn near impossible to move a Board that don't want any input from the homeowners. It is also wrong and non-productive for them to take this position. But all that don't do you much good as far as making changes. We can see from our national elections that "change" is a vote getter. It appears that you would not be the only one that this board is going to shun. "Change" probably is threating to them, and their reaction to it will be to circle the wagons and tighten up the circle so only specific people can get through. Maybe your board is not that way but if they are, that is how they will react. This business of having husband and wives on a board is about as wrong as you can get. The board has the authority to appoint committees, and special assistants to the Board so getting your spouse involved is easy. The thing that cannot do is have members on the board that do not have a vote. As a spouse one of them does not have the right to vote, therefore both cannot be on the Board.

So, all in all, your position is uncomfortable and for one reason it appears to be you against them. You have equal rights with all of them but they outnumber you. Get some support, at least as many in number that are on the Board and request your group has a hearing before the Board. Air your problems and ask what they intended to do about each specific item and get a record, a recording is best. Your group doesn't not get the satisfaction, then they are enpowered to change their Board according to the state statutes. You go to a meeting with the board and your group sits there eyeball to eyeball, a compromise may happen.

And incidentally that is what you are shooting for, reason, agreement, and solving problems that both sides see diferently. It seems evident a $4,500 yearly budget is not enough to maintain three miles of roads.
The charge the lawyer is quoting is enoough to not do busioness with him and look for other legal free help. But the best advice I can give, and you seem to have the temperment to do it, is to just try and makes changes little by little and build your support as you go along. Mo doubt there is going to come a time when your budget is going to be an issue that will need to be resolved. Just keep the pressure on don't do anything to shoot yourselve in the foot. Learn all you can, post specific problem as they come up and keep at it.
CrystalP (Nevada)
Posts: 2
Posted:
robert, could you please look at the info and tell me how you would interperate this please , what are you to do when you have 55 home owners and still have a hard time filling board seats???

..classes of members;
the members of the corporation shall be one class and each member shall have one vote.
..election of members;
any person who is a property owner in the subdivision is eligible for membership in the poa
..voting rights;
each member in good standing shall be entitled to one vote on each matter submitted to a vote of the members
..number,tenure and qualifications;
the number of directors shall be six . directors shall be elected at the annual meeting of members, and the term of office of each director shall be either two years or one year respectively , as set forth in article IV of the article of incorporation , until the election and qualification of his successor.
also if a board member had been vice pres.for 4 + years and moved down to bod just as a member for just a few months can that person be re-elected as vice pres. again??
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By JeffreyF on 02/12/2008 5:57 PM
There is one case in particular that has been in violation for going on 3 years. He took down HALF his fence and cut down all the trees in his back yard (about 20..One fell on his roof and did some major damage). He was going to put a pool in, by himself, but found the task too daunting and now has a backyard with a stack of rotting wood the size of a wall, bare ground, half a fence, and in the summer, literally 10 foot weeds. (I've got pictures!)The HOA sent a letter 2 summers ago but got no response and told me they did not have the financial resources to enforce the covenants. So my point to them is enforce it or possibly lose the right to enforce it the future.

Jeffry one more thing you might try is contacting your local health and building departments to find out if he is in violation of any ordinances that they can enforce on. We had a neighbor in a non HOA subdivision who decided to let his lawn go "natural" when it got to about 18" the city gave him a week to cut it or they would and bill him for it.
Studies show that 5 out of 4 people have problems with fractions
BruceC2 (Virginia)
Posts: 54
Posted:
CrystalP,
Glad to see you start posting! And yes Robert1 can you give us some insight on this the question especially reguarding the vice president who up to Sept. had held office for 4 years. The vice president who filled his term until elections in January when and then was elected resigned last week.Can this previous vice president who is currently a Board Member be asked to step back in as vice president and fill the vacancy for the remaining term.
MaryN (Virginia)
Posts: 125
Posted:
Crystal,

If membership isn't mandatory...how many property owners are currently members? Also, since you are a voluntary association...do you fall under the Property Owners of Virgina? Without being mandatory...how does your association get anything done?

MaryN
JeffreyF (Georgia)
Posts: 8
Posted:
Thanks Glen,
There IS a clause in the Geogia code that pertains to "nuisances", defined as any activity or condition on a neighboring property that interferes with a property owners reasonable use or enjoyment of his own property. These include odors, noises etc. A property owner may ask the court for an injunction, or may sue for damages. In this case, I don't know if an eyesore might qualify but the huge pile of rotting wood is a haven for snakes, rodents and insects.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bruce and Crystal.
This is all my opinion and I will get back about some of your other questions. I need to know if you are a voluntary organization, how many total units, how many members. How old are you and if any of this has been answerd. How old is your organization. How many board members.

Regarding the Vice president question? The Board serves the members, the President serves the Board. The Board elects their officers, the members elect the Board. So, I see nothing wrong in the Board selecting anyone to the Board, but not as a vice president, that is a Board function. If your documents address this, abide by them.
I see you both are from the same association, is that right? If true you have one third as many votes as the Board, you get a few more folks and you can bring about change. Show your strenght to the Board when you get it by demanding a meeting witth the Board, if they refuse go to a general meeting and ask to be heard. Also, you have identified many problems in the association, present them to the Board, don't yell and scream, just quietly state your case. If they don't respond, walk out and send a factual report to you associsation members, all of them.

I'll write more today, but anyone else is free to jump in. I think these folks need all the ideas they can get, they have a huge job ahead.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Read between (((((( ))))))) for my comments

robert, could you please look at the info and tell me how you would interperate this please , what are you to do when you have 55 home owners and still have a hard time filling board seats??? (((((((Generally speaking, the membership is a reflection of the Board. The better the Board communicates, the better the response. I suspect in your case, you need a few members to work hard and get the ball rolling. Faced with a similar situation, we put up a website and added a comments section, strictly on our own. This started a chain of communication and an avenue to get some grips out and interest created. It is important that this not turn into a boardbashing forum. It should be constructive and it should be monitored but rarely censored. It will start some conversation and probably the ire of the Board to start, and that is when you prove you interest and work things out with the board to make some changes.)))))

..classes of members;
the members of the corporation shall be one class and each member shall have one vote. (((((I would assume this is an HOA and you mean one equal vote))))))))))))
..election of members;
any person who is a property owner in the subdivision is eligible for membership in the poa((((((Are you a POA. HOA or what))))))
..voting rights;
each member in good standing shall be entitled to one vote on each matter submitted to a vote of the members ((((((((In your documents it should specifiy what actions the Board can take without a members vote and also what actions require a members vote)))))))
..number,tenure and qualifications;
the number of directors shall be six . directors shall be elected at the annual meeting of members, and the term of office of each director shall be either two years or one year respectively , as set forth in article IV of the article of incorporation , until the election and qualification of his successor. ((((((You should never have an even # on the Board. Is your budget about $4500, if so, why do you need more than 3 members. Your documents should be reasonable and yours probably reflect the interests of the developer. Need to be rewritten and the Board and appointed committee should be charged with the task. Double inportant to have equal # representation same as board members appointed.)))))
(((((I think we discussed the Vice president thing. Why is this action bothering you? Do you feel there was some covert manipulation of the election? How many people do you guess support the board, how many against and how many don't give a rat's patootie?)))))
also if a board member had been vice pres.for 4 + years and moved down to bod just as a member for just a few months can that person be re-elected as vice pres. again??

BruceC2 (Virginia)
Posts: 54
Posted:
RobertR1,
I dont see anything saying voluntary: WHEREAS, by certificate of incorporation dated 1/23/81 Willowridge Property Owners Association. was organized for the purpose of maintaining the roads in the subdivision, including the authority to collect assessments. there are 55 single family homes. the subdivision was recorded with the clerks office in 1977 and the control wes given to the association in1981.there is suppose to be 6 board members. We have 55 members as it states in our cotrolling documents anyone who ownes a lot is eligble for membership and all lots are to abide by the cc&r`s for a period of 50 years. There has only been 1 amendment in our history and that was an increase of dues in 1989 from 35 to 75 dollars a year.And you are right the officers work for the Board not the Board for the Officers. as for the atmosphere in the meeting has often been commented on as professionally done.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bruce,
When you signed your association documents to move there, dod your papers have a clause about being a member of the association. Somewhere there has to be something beside the owners are "elgible" to be a member. I suspect very strongly by agree to live there all members have equal standing in the association. There are some associations that membership is voluntary, and that creates more problems. Since you have had an ameendment to your documents I would got to court house and make sure that amendment is registered and copy all the documents that have to do with the original registration. Don't take my comments as God's truth, there're not and states hjave different laws dealing with HOA's.
I suspect this 6 for a board is an indication of someone not knowing what should be in the documents. Keep in mind they are not law as much as guidelines subject to change by the coporation (Association members) and you don't have any legal authority rule onf their power, you just take them to the court house and file them.
BruceC2 (Virginia)
Posts: 54
Posted:
RobertR1,
I do have a copy of the costs showing were it was filed with the clerks office, but as you said about legal authority to rule and just filing. I want to thank you for your help. I beleive I have been a popular officer because of my willingness to engage the the members from the floor I did`nt sit at a table and I encouraged responses which gave me insight as to were my problems would come from. I have just decided to resign it will be effective today and until I see a3/4 membership come together I don`t plan on allowing 30 years of inattention to control my life. THANKS ROBERT-Susan-Paul what time you give to this sight in invauluble.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By JeffreyF on 02/14/2008 4:14 AM
Thanks Glen,
There IS a clause in the Geogia code that pertains to "nuisances", defined as any activity or condition on a neighboring property that interferes with a property owners reasonable use or enjoyment of his own property. These include odors, noises etc. A property owner may ask the court for an injunction, or may sue for damages. In this case, I don't know if an eyesore might qualify but the huge pile of rotting wood is a haven for snakes, rodents and insects.

Jeffrey as I recall you folks had a rather tough time with the drought this past year; the mess you described may also constitute a fire hazard. I would stop in or call (use the non-emergency line) the local fire department and ask if they have any ordinances that can force the HO to clean up his act. And the 10 foot weeds I'm assuming you mean just regular "weeds" not something your local police department would be interested in.
Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
BruceC2,
I think you are in for a surprise Bruce. When you are not on the Board for a while you will find out how much fun it is to be on the other side of the fence. I found I can get more things done outside the Board than trying to convince them I am right and they are wrong. At some point the board just does not give you any credibility if you disagree with them, so I try to convince owners that are not on the Board to question what the board is doing and over time that steady pressure causes the Board to notice they have a problem. It's true, it takes a long time and it works, just don't get in their face. You can usually find support for anything that is really wrong and two or three people sending e-mails to the board gets their attention. Much more fun outside the tent.
I do understand how you feel but your kind is the only kind that can make a difference, it's much too hard and takes too long for most people.
CrystalP (Nevada)
Posts: 2
Posted:
robert
this action about the vice pres. does not bother me in any way i was just wondering about if he would need to wait a year before being reelected for vice. pres. thats all . and as for the info on your comprehension on the by laws was only that of some may read it different than others i just wanted some one with alittle more knowledge than i to answer that. not only that i didnt mean to sound like i was trying to step on anyones toes about this but bruce said that if i had any question that i needed answers to go to hoa talk and there would be no hard feelings... he also kept on saying that we needed to do everything legaly so i felt like it was something that i needed someone else opinion on how to interpert.. all of the info that you got was just as it is listed in the by laws in some of the articles ....
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Works for me Crystal.

It would be a shame to see Bruce drop out as he seems a straight shooter.
I hope you got some info you can use and you are free to contact any all all on the site for advice. At times I tend to think everyone has a personal agenda and it is nice to see some seekers of the right for the sake of doing right. Some times it is hard to make things legal with illegal restrictions. I think most of us here automatically try to vet what we are being told.
LisaW13 (Virginia)
Posts: 4
Posted:
This discussion relates to my situation. My association is in Virginia and we have a homeowner who has had a boat parked in their backyard for 12 years and will not move it into their garage as the covenants state would be ok. Nobody on past boards has enforced this covenant to this homeowner and the management company has been telling homeowners that they can pull boats into their backyard. Can we legally pursue a fine on this homeowner for not moving their boat and not complying with the covenants or have we lost our right to enforce? If we have lost this right, what is the Virginia Code that states this?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is an REALLY REALLY OLD post. Please post your issue as a NEW topic. It will get more attention. Old post carry old information and laws. It's best to start a new topic. Thank you.
Former HOA President

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