Board unwilling to enfoce current By-laws & Convenants

Started by GeriT • 8 replies • 1666 views

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GeriT (Florida)
Posts: 6

Posted:

I am currently a Board member and have brought to the attention of the Board of Directors in September a violation of the by-laws. The Board of Directors spoke to the violator and also sent a letter requesting compliance. Since that time, three times the violator has not complied and has resulted in vulgar language being utilized against the complainant. I went to a Board of Directors meeting and brought a second letter of complaint and requested a registed letter be sent with a indication of fines imposed to the property owner if he/she did not comply. At this meeting, it was unannimously voted that registered letter with fines imposed was not warranted. I would like to know what,if any, are my next steps to insure the property value and well being of future residents are protected.

BrianB (California)
Posts: 2,820

Posted:

keep running your request to the board, and make sure every time that the denial is voted on and recorded in the minutes. Ask for a voice vote, so that you can show in the minutes that YOU voted to do something, the others voted against. Document everything, so you can begin to hold their feet to the fire. Ask for explanations, reasons, etc. for understanding and clarification. Get it all in the minutes. then hit them again with the request.

You do not have to give up until you understand the board members decisions.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GeriT: By your own post, the Board has actually acted with notice to the violator.

What is the official process by which the Association/Board can impose force against the violator to comply? May we ask what part of the bylaws is the violator breaking?

GeriT (Florida)
Posts: 6

Posted:

There are several areas of the covenants and by-laws that are being violated. First of all the covnenants state that no animal will be allowed to become a nusiance and must be leased when off the property of it's owner. Also it is a county ordinance that all animals are required to be on leash. It is also stated in the covenants, under duties of the association (that including the Board) "make, establish,promulgate and in it's own discretion amend,repel or reenact such rules NOT in conflict with this declaration as it deems proper, covering and and all aspects of it's functions, including the use and occupancy of the Association Property and the Common Areas". Another quote from duties - "carry out and enforce all duties of the Association set forth in this Declaration and in the Restrictions".
Yes it is true, the Board has acted on the complaint both by verbal discussion and letter. There is a document that was maintained when I was on the Board several years ago (I am again on the Board this year)called "Board Resolutions". It probably is no longer being maintained but states the following - dated 12/4/2001 "Penalities for infractions of convenants" - "The following process will be utilized with any covenant infractions - (1) Verbal discussion with property owner (2) Certified written notification of imposed fines up to $100 per day or per infraction (3) Imposed lein on homeowner property due to non-compliance (4) Legal action via the association's attorney".
I hope my wordiness helps in some guidance as far as what my next steps could be. According to Florida statue which I have been reading alot, a mediation procedure may be my next best step. I do not like the idea of bringing this very nice community thru that but I truly feel that what is being done is wrong.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GeniT: Based on the quoted Board Resolutions from 2001, it does state the process by which violations will be processed. I can see that it is not quoted from the official documents. Further, the Board Resolutions state authority to "make, establish,promulgate and in it's own discretion amend,repel or reenact such rules NOT in conflict with this declaration as it deems proper..." Obviously, the present Board is using their 'discretion' in this situation.

Your Resolutions do not state reference to a hearing prior to a fine but do state (1) Verbal discussion with property owner (2) Certified written notification of imposed fines up to $100 per day or per infraction..."
However, normally prior to imposing a fine a hearing is held between the Board and the violator and whether a fine is to be levied. You may want to refer to your state regulations on imposing fines since State law supersedes Association law and also resolutions.

Regarding the animal problem, since it is "a county ordinance that all animals are required to be on leash" have you notified the local officials? Suggest taking photos of the unleashed animal at various times, and call the local officials when the animal is wandering. It would be in your association's best interest to have them handle the problem for you. If the violator has recd notices of his nuisance animal previously and not done anything about it, it is time for the locals to be on the scene. Good Luck!

GeriT (Florida)
Posts: 6

Posted:

Just as a final update to this situation. The incidents of the harassing dog had escalated into a physical assault on myself. I guess I can thank my great Board of Directors for that. It brought both myself and nasty neighbor into small claims court and after hours of mediation, we settled with a court order. The extremely sad sorry here is that my Homeowner's Association let me down and left bad relationships between several neighbors because of their unwillinlness to enforce. The re-election of new board memebers is coming up and I plan to enlighten the non-resident owners to this event so they will make cautious decisions on who they want to run the association's business. Thank You so much for your Listening Ears.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Geri - from what I see in your quoted bylaws, there is no mention of a registered letter (composed by one board member) or mandatory fines for the violation.

This particular violation (of a dog off leash) is difficult to establish. IMO, ouside authorities should have been brought in and you should not have looked to the board for enforcement.

EllenS1 (Florida)
Posts: 1,148

Posted:

If you have the ability to fine and/or lien I would go with that but it looks like your board isn't for that. Mediation doesn't seem to be necessary since the board would have to give that the go ahead. As an owner you could just contact the county to let them know animals are running free and see where that goes. I'd do that as a first step. Taking photos of the dogs that are unleashed may not hurt either.

EllenS1 (Florida)
Posts: 1,148

Posted:

PaulM,

I agree totally and posted before I read yours. Two great minds think alike. A prior board of ours instituted a lawsuit which cost a total of almost $20,000 for repairs and legal fees (this after mediation) and we could have just gone to the city's code enforcement which would have imposed a fine of $100 per day until repairs were made to the property.

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