Getting my ducks in a row: Unenforced covenants in Colorado

MikeS7 (Colorado)
Posts: 10

Posted:

Hello all,

Recently, I received a letter from my HOA warning me that I had an unregistered vehicle that was in violation of the HOA's covenants. I called the management company immediately and explained that all of my vehicles were registered. The woman to whom I spoke was unfamiliar with the situation and told me the property manager would call me the next day. The next day the same woman I spoke with the night before called and told me that a truck parked in front of my house had expired tags. I told her that I do not own that truck and that I didn't know who owned it. I figured it was done, but about a week later I received a second letter saying that I had been warned twice and had been fined. The next day I spoke with the property manager who insisted that either I owned the truck, someone visiting or living with me owned it, or that I knew who owned it. Whatever the case, according to the property manager, I was responsible. I told the property manager for a third time that I did not own the truck and then sent a letter repeating that a fourth time to the property management company.

While I'm confident that I'll be able to resolve all this, I'm also expecting an avalanche of "attention" from the HOA for awhile. After rereading them, there is really only one aspect of the bylaws that I'm violating. I know that this particular bylaw hasn't been enforced in well over five years and there are many other homeowners in the development that are also in violation. A friend who was on the BOD in a different neighborhood told me that if a bylaw is not enforced for a certain amount of time, the HOA loses the right to enforce that bylaw.

Is that the case? If so, what length of time?

Thanks,

-M

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MikeS7: It is unfortunate that the Board and your PM cannot, or will not,
look beyond 'what they see' to learn the truth of the situation. You have repeatedly advised them it is not your vehicle, but they continue to insist on a course of action against you.

You need to assume a proactive role here and speak to the local police to learn who is responsible for the 'abandoned vehicle'. They can easily trace the owner, who may or may not be in your community.

Ask the police to send the Board a letter of proof and state when they will have the vehicle removed from the area.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Whose vehicle is it and why are you permitting them to part in front of your property, at risk of violation and fine to you?

Are you saying that a vehicle parked in front of your house has someone come and go and you have no idea who this mysterious person is?

I'm not familiar with the nuances in Colorado, but in our HOA, we also have a provision, and courts have upheld on some challenges, not upheld on others, that failure to enforce a particular restriction does not waive future enforcement.

It would really depend on the HOA and their consistency with enforcing other restrictions as well as any documentation they may have that shows they have enforced other violations of the restriction as to how successful you would be in challenging it.

Since you can't know all the times they have enforced against it or whether they've decided against enforcing a particular restriction, you would be taking a bit of a gamble to assume that you could skate on the one you think they have let ride.

Just because you see the violation exist elsewhere doesn't mean it has been waived by the board.

Depending on their system for violation notification, they may just never have received a specific complaint about the ones you noticed.

Anyway, since you are being held responsible for a car parked in front of your house, it might be in your best interest to discover whose it actually is, if for no other reason than for you to provide that information to the Board so they can pursue the violation enforcement against the proper party.

Simply saying "it isn't mine" doesn't really ring through with a lot of credibility.

DJ1 (Ontario)
Posts: 798

Posted:

Michele are you serious? "Whose vehicle is it and why are you permitting them to part in front of your property, at risk of violation and fine to you?"

It is the HOA's problem not the resident who has already said it isn't his vehicle or anyone he knows. staying.

Since when does the resident decide who parks in front of their home? If it was on his property that is one thing, if it is on the public or private street in front of his home and this area falls under the CCR's then it isn't no matter what the PM says.

Just as ridiculous as your question would be for me to ask why the HOA/PM are allowing someone to park in front of MikeS7's home.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By MicheleD on 03/11/2008 6:23 AM
Whose vehicle is it and why are you permitting them to part in front of your property, at risk of violation and fine to you?

Are you saying that a vehicle parked in front of your house has someone come and go and you have no idea who this mysterious person is?

I'm not familiar with the nuances in Colorado, but in our HOA, we also have a provision, and courts have upheld on some challenges, not upheld on others, that failure to enforce a particular restriction does not waive future enforcement.

It would really depend on the HOA and their consistency with enforcing other restrictions as well as any documentation they may have that shows they have enforced other violations of the restriction as to how successful you would be in challenging it.

Since you can't know all the times they have enforced against it or whether they've decided against enforcing a particular restriction, you would be taking a bit of a gamble to assume that you could skate on the one you think they have let ride.

Just because you see the violation exist elsewhere doesn't mean it has been waived by the board.

Depending on their system for violation notification, they may just never have received a specific complaint about the ones you noticed.

Anyway, since you are being held responsible for a car parked in front of your house, it might be in your best interest to discover whose it actually is, if for no other reason than for you to provide that information to the Board so they can pursue the violation enforcement against the proper party.

Simply saying "it isn't mine" doesn't really ring through with a lot of credibility.

My attitude towards the truck is that it's parked on a public street and it isn't my responsibility to enforce registration status of random vehicles. The city has a trained police force to deal with these sorts of things, and if the HOA is so inclined, they are welcome to get them involved. I really don't want to get in the middle of that. On any given night, there are between eight and a dozen cars parked on the street. Am I responsible for enforcing registration status on all of them?

While "it isn't mine" may be a common excuse for offenders, in this case it is the truth. More to the point, I know that the HOA has run license plates in the past, so I suspect that they also know that it isn't mine.

The violation in question is about air conditioners being enclosed behind fences. Mine is not, and has not for almost two years. There are many other houses in the development with AC units that are visible from the street, and have been for upwards of seven years. If they have enforced this bylaw, they have not done so consistently. If necessary, I am willing to extend my fence to enclose it. I am fully willing to adhere to the HOA rules; I just don't feel the need to get in the middle of other people's business to enforce them.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Yes. I'm serious.

If someone were habitually parking in front of my house, I not only would not WHO it was, I would ask them to please park somewhere else.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By MicheleD on 03/11/2008 7:06 AM
Yes. I'm serious.

If someone were habitually parking in front of my house, I not only would not WHO it was, I would ask them to please park somewhere else.

Clearly, we have different philosophies towards HOAs. I feel that as long as I am following the rules, I am doing my part and living up to my end of the HOA contract. The reason we have HOAs and property management companies is so that other residents don't have to get involved with things like this.

GeraldT4
Posts: 1,022

Posted:

MikeS7 - The car is not yours, nor is it your responsibility to police the neighborhood, nor get involved if you don't want to. The PM has some nerve holding you responsible. If it were me, there would be one quick phone call to end the matter forever. If they defied me, the PM and MC would be put on notice they cease and desist their harassment because I would be seeking damages from them and them alone if it continues.

As for your fence being extended, you do need to make sure you comply with the rules and regs. Two wrongs do not make a right. Even if the PM , MC, or Board have no leg to stand on for not enforcing the rules, they can try to enforce them and it's not worth getting into a battle over it. Do the right thing and set a good example when it comes to covering your air conditioning unit pro actively.

CharlesW1 (Georgia)
Posts: 826

Posted:

Posted By MikeS7 on 03/10/2008 10:08

MikeS7,

I’m certainly can’t speak on behalf of your HOA however, in my community the bylaws/CC&R’s can always be enforced regardless of when or “IF” the violation has/hasn't been addressed.

Therefore, there is NO such thing as “grandfather clause”, unless the current BOD, provides the person in violation with written approval.

As far as the A/C unit. It is clear you are in violation. You’re not denying that fact, are you? You may consider asking the current board, what you would need to do in order to keep the A/C unit? Perhaps extending your fence (if allowed in the governing documents, or shield it with a bush) otherwise you will need to comply, (remove it) or be subjected to fines. Our covenants don’t allow the fence to extend past the rear of the house.

You may want to ask others in violation (who have a visible A/C unit) If they were mailed a violation notice and provided X number of days to comply or be fined? If these select few haven’t been notified, then you have SELECTIVE ENFORCEMENT! Otherwise you need to comply.

I suggest taking PaulM advice, or if all else fails have the vehicle towed, it is on Public streets, that is NOT AN HOA ISSUE. County/city needs to get involved, to resolve this issue immediately, certainly NOT YOU, IMO!

Best of luck and keep us posted
Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Mike, I suggest you contact the police or sherriff's office, depending on jusisdiction, regarding the truck with expired tags which has been parked in front of your house. I would have done this ong before ever receiving a notice from the MC. To resolve this problem do it immediately.

Regarding a fine by the HOA, they should have allowed you the right to have a Hearing before a Hearing committee a fine could be issued.

Regarding your violation of restrictions if I were you I would correct it ASAP. All restrictions in the HOA's controlling documents can be enforced, even when they have not been in the past. In Colorado usually there is a one year limit on enforcement of certain violations after becoming aware there is a violation of a restriction and not issuing a notice of violation to an owner.

GlenL (Ohio)
Posts: 5,491

Posted:

If you extend your fence, don't forget to get ACC approval if it's required.

Studies show that 5 out of 4 people have problems with fractions

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mike,
Call the local Police or Sheriffs Dept and tell them that there is an abandoned truck parked in front of your house and that the Property manager is sending you letters to have it removed. They will know who it belongs to in a second. This should have been done right after you recieved the first from the P.M. As for the air conditioner being screened, it does not matter if this has not been enforced in the past and if other owners are in violation. You are in violation and it is best just to go out there and plant a few bushes or put up a 3 foot high fence or whatever is the requirement , and just get it covered. You cannot go by what others are getting away with. The covenants tell you what to do and that is the way it is.

GlenL (Ohio)
Posts: 5,491

Posted:

While I too would have probably called the police to find out whose vehicle it was, I do not believe Mike has a duty to act in this matter. While innocent until proven guilty is sometimes a foreign concept in association living; he doesn't have to prove the vehicle isn't his - the association has to prove it is and give him a hearing before they can issue a fine. Once he notified the PM that the vehicle was not his nor that of a guest; IMO the PM should have called the police. At the very least the police would have ticketed the vehicle if not towed it.

Studies show that 5 out of 4 people have problems with fractions

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MikeS7 on 03/11/2008 7:39 AM

Clearly, we have different philosophies towards HOAs. I feel that as long as I am following the rules, I am doing my part and living up to my end of the HOA contract. The reason we have HOAs and property management companies is so that other residents don't have to get involved with things like this.

Clearly we do. My philosophy is that "getting involved with things like this" is not the HOA or the PM's reason for being, but they certainly should enforce deed restrictions, which it appears they are attempting to do.

So, just out of curiosity, when exactly DID you report the violation of the car without tags parked habitually in front of your house, you know, so you could allow them to handle it?

GlenL (Ohio)
Posts: 5,491

Posted:

Michele when a car parks in front of your house do you automatically go out and make sure it has current tags? Is not parked more than 12" from the curb? Has current insurance?

While we all agree that he should follow the covenants about fencing his air conditioner; should he now take it upon himself to report everyone else that is not following the rules?

Studies show that 5 out of 4 people have problems with fractions

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By MicheleD on 03/11/2008 11:10 AM

Posted By MikeS7 on 03/11/2008 7:39 AM

Clearly, we have different philosophies towards HOAs. I feel that as long as I am following the rules, I am doing my part and living up to my end of the HOA contract. The reason we have HOAs and property management companies is so that other residents don't have to get involved with things like this.

Clearly we do. My philosophy is that "getting involved with things like this" is not the HOA or the PM's reason for being, but they certainly should enforce deed restrictions, which it appears they are attempting to do.

So, just out of curiosity, when exactly DID you report the violation of the car without tags parked habitually in front of your house, you know, so you could allow them to handle it?

I should clarify that I didn't call the HOA on the truck and I don't know who did. The truck isn't run down and I had no idea that the tags had expired until I was threatened with a fine for not registering the vehicle. Sorry if that wasn't clear earlier.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By RogerB on 03/11/2008 9:01 AM
Regarding your violation of restrictions if I were you I would correct it ASAP. All restrictions in the HOA's controlling documents can be enforced, even when they have not been in the past. In Colorado usually there is a one year limit on enforcement of certain violations after becoming aware there is a violation of a restriction and not issuing a notice of violation to an owner.

So I'm confused here. Are you saying that if a violation is flagged, but the BOD doesn't act on it in a year, they cannot? As it stands now, I have had the AC and fence as they are for nearly two years and it hasn't been a problem; I'm just making sure that there is nothing for which they can come after me, although apparently I don't actually have to violate anything as long as someone in my general vicinity is...

Also, is there any sort of legal promise of uniform enforcement?

Thanks to everyone for their advice/input...

-M

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By GlenL on 03/11/2008 11:05 AM
While I too would have probably called the police to find out whose vehicle it was, I do not believe Mike has a duty to act in this matter. While innocent until proven guilty is sometimes a foreign concept in association living; he doesn't have to prove the vehicle isn't his - the association has to prove it is and give him a hearing before they can issue a fine. Once he notified the PM that the vehicle was not his nor that of a guest; IMO the PM should have called the police. At the very least the police would have ticketed the vehicle if not towed it.

Glen, we don't know that they (the association or the PM) didn't already contact the police. Maybe they did, maybe they didn't. We are also speculating that they are over-zealous. Who knows? I don't think we're getting a true accounting, so I really can't make that determination.

I'm just saying that if there continues to be an unregistered vehicle parked in front of his house, so frequently that he has gotten numerous notifications, then a fine notice, sent to him, and he has no idea who the vehicle belongs to, I'm just not finding that very credible and I don't think we're getting a full story here.

If he can let the PM know whose it isn't (i.e., contact them to tell them it's not his on several occasions, according to him) then how hard is to provide that one other little piece of information that would help them determine whose it is?

I re-read his initial post. I'm still not sure what his point of the post is or was. We are only hearing his side of it. His bottom-line question is basically whether he can get nailed for a violation if others also have the same violation and no enforcement has been made.

He suspects that he will get some blowback from his previous "encounter," but there really wasn't any point to the recitation of the parking thing in order to get to the ultimate question in his post.

However, since he did provide it as possibly giving us some insight as to why he might be getting blowback, I made a comment on it. I just don't find the idea that he has no clue who owns the vehicle for which he is getting violation notices credible.

It's not the end of the world that I believe that and it certainly won't keep him or anyone else up at night. I'm just expressing my take on the comment.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By MicheleD on 03/11/2008 11:27 AM

Posted By GlenL on 03/11/2008 11:05 AM
While I too would have probably called the police to find out whose vehicle it was, I do not believe Mike has a duty to act in this matter. While innocent until proven guilty is sometimes a foreign concept in association living; he doesn't have to prove the vehicle isn't his - the association has to prove it is and give him a hearing before they can issue a fine. Once he notified the PM that the vehicle was not his nor that of a guest; IMO the PM should have called the police. At the very least the police would have ticketed the vehicle if not towed it.

Glen, we don't know that they (the association or the PM) didn't already contact the police. Maybe they did, maybe they didn't. We are also speculating that they are over-zealous. Who knows? I don't think we're getting a true accounting, so I really can't make that determination.

I'm just saying that if there continues to be an unregistered vehicle parked in front of his house, so frequently that he has gotten numerous notifications, then a fine notice, sent to him, and he has no idea who the vehicle belongs to, I'm just not finding that very credible and I don't think we're getting a full story here.

If he can let the PM know whose it isn't (i.e., contact them to tell them it's not his on several occasions, according to him) then how hard is to provide that one other little piece of information that would help them determine whose it is?

I re-read his initial post. I'm still not sure what his point of the post is or was. We are only hearing his side of it. His bottom-line question is basically whether he can get nailed for a violation if others also have the same violation and no enforcement has been made.

He suspects that he will get some blowback from his previous "encounter," but there really wasn't any point to the recitation of the parking thing in order to get to the ultimate question in his post.

However, since he did provide it as possibly giving us some insight as to why he might be getting blowback, I made a comment on it. I just don't find the idea that he has no clue who owns the vehicle for which he is getting violation notices credible.

It's not the end of the world that I believe that and it certainly won't keep him or anyone else up at night. I'm just expressing my take on the comment.

Michele:

Why is it my responsibility to track down the owner of this truck? It is parked on a public street. I don't have a problem with people parking in front of my house and even if I did, I don't have any more right to threaten them than I believe the HOA has to threaten me.

The only reason I included it is to illustrate why I believe the HOA will be giving me extra attention and why I want to make sure that I'm observing the covenants to the letter. While I'm willing to extend the fence, I'd rather not and I want to make sure it is entirely necessary first.

GlenL (Ohio)
Posts: 5,491

Posted:

Mike my take on Roger's post is that there is a one year limit on certain violations AFTER the BOD becomes aware of it. Therefore even if you have been in violation for two years without the board noticing; the board still has a year to enforce once they become aware of the violation.

Studies show that 5 out of 4 people have problems with fractions

DJ1 (Ontario)
Posts: 798

Posted:

I gotta shake my head Michele. While you may take on the task of the truck in front of your home that is fine for you but to expect Mike, who was not bothered by the truck, to do the HOA/PM's job is silly. They pushed the limit when they sent the second letter to him AFTER he said it wasn't his or anybody at his home. The next step would have been to determine who's it was not harass him and I would tell them to stuff it except then they would likely put his property under extra scrutiny (not just the regulary scrutiny all should expect).

Homeowners are responsible to follow the CCR's or be subject to fine if they or someone they are responsible for violates them. They sure aren't subject to fines for other unrelated people's violations. This would almost be too funny and is certainly one of those stories the media would LOVE and would tarnish HOAs' image further and unfairly I might add because it is another extreme example that the proponents would say is not the norm.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By DJ1 on 03/11/2008 11:59 AM
Homeowners are responsible to follow the CCR's or be subject to fine if they or someone they are responsible for violates them. They sure aren't subject to fines for other unrelated people's violations. This would almost be too funny and is certainly one of those stories the media would LOVE and would tarnish HOAs' image further and unfairly I might add because it is another extreme example that the proponents would say is not the norm.

Heh. Softnews to the rescue, eh?

Obviously, I agree. Holding homeowners legally/financially responsible for the actions of other homeowners is, at best, a slippery slope...

HaroldS (Arizona)
Posts: 906

Posted:

Nice to see admittance how the violation inspection process really works. All seem to agree if you tick off the board and/or PM you can expect to be singled out for minute and frequent inspections. Really democratic isn't it? And we wonder why members don't want to get involved.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By GlenL on 03/11/2008 11:52 AM
Mike my take on Roger's post is that there is a one year limit on certain violations AFTER the BOD becomes aware of it. Therefore even if you have been in violation for two years without the board noticing; the board still has a year to enforce once they become aware of the violation.

Glen, your interpretation is right on. it would be up to the homeowner to prove when the Board (or enforcement person) noticed the violation. Furthermore, that only applies to fixed structures; it would not apply to movable objects such as RVs.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By HaroldS on 03/11/2008 1:11 PM
Nice to see admittance how the violation inspection process really works. All seem to agree if you tick off the board and/or PM you can expect to be singled out for minute and frequent inspections. Really democratic isn't it? And we wonder why members don't want to get involved.

While I am obviously unhappy with my HOA right now, I don't want to confuse the issue. I really just want them to leave me alone and out of any problems they have with people who are not me. Whether this is one overzealous member or something more basic, I don't know, but I don't want to give them any reason to further target me and do so in the easiest possible way.

I understand your frustration 100%, but the best I can do right now is to stay off the radar.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By RogerB on 03/11/2008 1:19 PM

Posted By GlenL on 03/11/2008 11:52 AM
Mike my take on Roger's post is that there is a one year limit on certain violations AFTER the BOD becomes aware of it. Therefore even if you have been in violation for two years without the board noticing; the board still has a year to enforce once they become aware of the violation.

Glen, your interpretation is right on. it would be up to the homeowner to prove when the Board (or enforcement person) noticed the violation. Furthermore, that only applies to fixed structures; it would not apply to movable objects such as RVs.

Thanks Glen and Roger. The more I think about it, a small privacy hedge might be the easiest way to compliance. Now I need to figure out if I need permission to plant...

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mike,
Even tho the A.C is required to have a covering, I would definitely apply to the Architectural committee to ask if they want you to follow any specs. This is another one of those "nescessary" procedures that HOA's require and this will send a positive message that you want to fix the non compliance issue.

GeraldT4
Posts: 1,022

Posted:

MikeS7 - After ready and re-reading, my suggestion is to first resolve the matter of the parked car amicably. Then wait a bit, a month if possible, and resolve the A.C. screening matter. Let things settle down, don't want to appear like you are suspect of where they may be headed. What's the worst that can be done, bring the matter to your attention and give you a chance to comply? You're 1 step ahead of the game already by anticipating what might occur, but don't be or appear paranoid. Your A.C. unit may not be on their radar. : )

HaroldS (Arizona)
Posts: 906

Posted:

"bring the matter to your attention and give you a chance to comply?" I doubt it. If you remember he was fined for the second notice of the parked car - without due process. The real concern here should be to get this board and PM in compliance themselves with due process, state law, etc., etc. If they don't, someone is going to challenge them some day. And then all the members will be assessed to pay for the lawsuit.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By HaroldS on 03/11/2008 2:21 PM
"bring the matter to your attention and give you a chance to comply?" I doubt it. If you remember he was fined for the second notice of the parked car - without due process.

Again, we don't know that there wasn't "due process."

DJ1 (Ontario)
Posts: 798

Posted:

Yeah Michele you go girl. Not only do we not know if he didn't get due process we don't really know there is even a truck parked in front of his home! We can't take anything anyone says here at face value especially if it calls into question a HOA board/PM.

MikeS7 (Colorado)
Posts: 10

Posted:

Quote:

Posted By MicheleD on 03/11/2008 4:00 PM

Posted By HaroldS on 03/11/2008 2:21 PM
"bring the matter to your attention and give you a chance to comply?" I doubt it. If you remember he was fined for the second notice of the parked car - without due process.

Again, we don't know that there wasn't "due process."

Actually, Harold is right. I received one warning letter and then a fine. I was invited to request a hearing, but the fine was charged. On top of that, they claimed they sent two warning letters, but I only received one.

Regardless, as far as I'm concerned, the truck issue is handled. I received a letter today stating the fine had been removed. Whether they tracked down the owner or simply handed the matter over to the police, I don't know and honestly, it isn't any of my business.

I'm going to wait a few cooling down weeks and then address the AC unit.

Thanks to everyone for the advice...

JeffreyF (Georgia)
Posts: 8

Posted:

I have been going round and and round with MY HOA about this. It IS possible that unenforced covenants might not be enforeable in a court of law. Each case is different. Consistentcy and uniform enforcement is very important. The issues of selective enforcement, waiver, estoppel, latches and others are typically grounded in case law.
Based on these theories and others, a court could rule that a restriction is no longer enforceable.

Doctrine of Laches consists of the following elements:
1. Unreasonable lapse of time.
2. Neglect to assert a right or claim.
3. To the detriment of another.
If these three elements are met, then the Doctrine of Laches will act as a bar in court.

If an adverse party unreasonably delays informing you of a right or claim and this results in permanent damage to your ability to defend yourself then such a claim may be barred from court.

DOCTRINE OF LACHES
Black's Law Dictionary 6th Edition.

Laches/laechaz/leychez/laeshez/. "Doctrine of laches" is based upon maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to adverse party, operates as bar in court of equity. Wooded Shores Property Owners Ass'n Inc. v. Mathews, 37 Ill. App.3d 334, 345 N.E.2d. 186, 189. The neglect for an unreasonable and unexpained length of time under circumstances permitting diligence, to do what in law, should have been done. Lake Development Enterprises, Inc. v. Kojetinsky, Mo.App. 410 S.W.2d 361, 367.

ShawnaF (Colorado)
Posts: 84

Posted:

Sorry I'm pretty late in responding to this, but we actually went over this particular subject at a law firm seminar I went to last month. If the ACC or BOD or whomever does inspections for the item has not caught an item that is reasonably visible and they are (or could have/should have been) aware of for a period of two years and you never received a violation letter about it, you have a case to not make the change now. I'm the side as ACC Chair and wanted to know about these items to figure out what I needed to take care of and what I needed to accept to comply with the laws and docs at the same time. I believe the item law was sited as from CCIOA. Doesn't mean you will win if you fight it, but the situation is on your side. Of course, if it is unsightly, it's not a bad idea to make the change for the betterment of the community and to keep the peace with your neighbors.

On the vehicle - if this is a publicly owned street, i.e. it was conveyed to your municipality upon completion and ownership was taken by the public entity, you have no legal obligation to police the streets that are not HOA owned. Nor should you. However, if you think it's abandoned, it's a great idea to call the police and notify and they'll take care of the rest.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Shawn,

I beg to differ with you concerning vehicles parked on public streets. There is case law in MO stating the HOA can enforce parking restrictions even on public streets. The reason is that all the members agreed to those restrictions when purchasing property in the HOA. For the past several years there has been a bill introduced into the AZ legislature trying to outlaw this practice but the bill has failed each year because of the overwhelming support for HOAs to maintain this right. I've found that a very large % of homeowners actually like this restriction, for many reasons.

Someone else stated the P.D. should have been notified about an unlicensed vehicle parked on the street. That's exactly what I would have done. In fact, I've done it on a number of occasions and not necessarily for an unlicensed vehicle. On one occasion the vehicle belonged to my neighbor across the street, but I didn't know it. It had been parked in front of my house for 3 days before I called the P.D. and reported an abandoned vehicle. For all I knew it was a stolen vehicle. The majority of the homes in my community have 3-car garages; there's no reason to park your vehicle in front of someone else's home -- at least not for 3 days!

Mary