Why a HOA

Started by BevH • 10 replies • 1189 views

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BevH (Oregon)
Posts: 2

Posted:

I am on a board for an existing Association of about 45 owners.

Before I was elected to the board this year, the board tried to tigten up the CC&R's.The board hired a lawyer to consult with and rewrote some of the Cc&R's so they were inforcable.. One member wrote all of the people who own property, but haven't built yet, and told them not to support the new , revised CC& R's. As it stands now ,all were voted down. As a result, the CC&R's are not inforceable.

I get responses like, we don't need a board and we don't want rules, we can just go to the city.

So what is my amunition on this these thoughts.

I my first thought is that the members were not communicated with on why the new CC&R's.
I have started a news letter to send out to all members. Sharing what is going on In our subdivisio. Getting to know all members and to try to get some communication going. I would like to do an article about WHy an Association Vs city laws and rules.

Can you all give me some thoughts?
Thank you

RogerB (Colorado)
Posts: 5,067

Posted:

Bev, your current Declaration of CC&Rs is enforceable and you must have a Board of Directors. It is not easy to amend the CC&Rs. Changes, even when they definitely improve/maintain property values and quality of life, are difficult to get approved. It requires having reasonable amendments, explaining the need, and lots of work. Your efforts are the beginning steps for a successful HOA, i.e., communicate - communicate -communicate.

HaroldS (Arizona)
Posts: 906

Posted:

Yes. I'm curious why you feel the existing CC&Rs are not enforcable.
Good luck tho, in trying to "tighten up" (whatever that means) the existing CC&Rs. Most buyers should have read and agreed to the existing rules when they bought. So why would they want to approve changes so quickly - in some cases before they even build? That is a major hang up for some people - HOAs ability to change the rules after having agreed to and accepted the original ones.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bev,

You mention CCRs vs city code. CCRs can be more restrictive than City code, which in many instances is very good. Also it generally takes much longer for enforcement of City code. However, in some instances it's worth the time and effort of the board to have the City enforce some code violations. When I was a board member, oftentimes we called the City for certain things. You know, let them be the "heavy"!

The first HOA I lived in had only 49 members. I now live in an HOA with 1,700 members. Frankly, I much prefer living in the larger assn. I was a board member in the former assn and, at times, it was a living hell. It's almost impossible to be friends with everyone when you're on the board, especially in a small community. People cannot understand that you have a job to do and must enforce the rules whether you agree with them or not. I was the Treasurer and being self-managed, I did all the work associated with the position. I never had a problem with anyone who received a late notice; the only problems were with people who didn't like HOAs or with people who received CCR violations. People who don't like to follow rules should never live in an HOA, but many do.

Mary
AZ

GeraldT4
Posts: 1,022

Posted:

BevH - Sounds like you are the voice of reason in the midst of the collective stupidity, ignorance of others, or a dangerous combination of the two. Bottom line your governing documents may have some outline for what the voting requirements are to dissolve the Master Deed (let the city govern), and the necessary percentage requirements to accomplish it. Until that is satisfied, let the yahoos that think they don't need a board and don't need to have rules say all they want. Basically they can go eat cake. I bet my bottom dollar the city is going to tell them to go take a hike (in nicer terms) because there are huge benefits for the city if the association handles their own headaches. In other words BevH...don't sweat their responses, nor pander to the hysteria. The bozo that wrote everyone not to support the cc&r's did everyone and himself a great disservice in the long run. Because enforceable cc&r's are in everyone's best interests. Perhaps your association Board jumped the gun and should have waited to make changes after everyone got all settled in. That I will say is one strike against your Board. IMHO do not, I repeat, do not compare your association to the city rules, either in a newsletter or to the community in discussion. If anything that gives credence to the concept, and puts the association on the defensive. You are a fiduciary to uphold what already exists, protect the general welfare, safety, and health of the association members. Your old cc&r's are enforceable.

LauraR2 (West Virginia)
Posts: 41

Posted:

I agree 100% with what Gerald just said.

Also, you need to look to your state codes for more "ammo" if it does come up (but I agree you should not bring it up and add fuel to this nonsense). In our state code it requires 80% of the owners to vote "yes" to dissolve the assoc.

HaroldS (Arizona)
Posts: 906

Posted:

NO. 1: We still haven't been told why the current CC&Rs are not enforceable. No. 2: We also haven't been told what is meant by "tightening up" the CC&Rs. So all the huffing and puffing about bozos is uncalled for. Last I heard,your bozos have a legitimate and legal right to question and not approve any changes from what they originally agreed to and signed for. Why is a bozo addressing all the owners with his concerns any worse than the board and it's attorney trying to stuff these "tightened up" (whatever that is) rules down the bozos throat?
We should know the answer to No. 1 and No. 2 before judging the members for not falling over and accepting whatever the board and it's attorney wants to dish out.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Call a special meeting of the members. Hand out all governing documents and review procedures for changing them. Discuss the LEGAL obligation of the corporation. Try to build a sense of community.

Outline your reasons for change. Present the "proposed" amendments. Set future meetings to answer questions.

That's how you START to make changes.

HaroldS (Arizona)
Posts: 906

Posted:

Now there you go! Member input. What a novel idea. Instead of trying to ram these changes down their throat. Could be very valid reasons to need these changes. But looks like we'll never know.

GeraldT4
Posts: 1,022

Posted:

HaroldS - I thought you said OK to Respect and Dignity? The Board prematurely tried to tighten up the cc&r's prior to all units closing. As I basically stated, that's a strike against the Board. Your characterization that there is "huffing and puffing" about calling the one member a bozo who wrote all of the people telling them not to support the new, revised CC& R's, is no less "huffing and puffing", than your unsubstantiated statement that the board and it's attorney were trying to stuff these "tightened up" rules down the bozos throat. We don't know yet what the "tightened up" cc&rs mean, and that doing so may actually be within the Board's power to clarify. Typically, the Board can clarify the language in the cc&r's as long as it doesn't actually change the restriction to be more limiting, or more broad. Therefore, for now I recant my comment the guy was a bozo. Even though I believe his behavior was counterproductive.

HaroldS (Arizona)
Posts: 906

Posted:

"Typically, the Board can clarify the language in the cc&r's as long as it doesn't actually change the restriction to be more limiting, or more broad." If that's all they were doing, does that need to be sent for the approval of the members? Otherwise, why were they sending this out for approval?
You are correct tho: I have also stated we aren't getting the information.
Oh yes. I'm warming up to this dignity and respect thing. I think we should all make it a rule in our HOAs with a hefty fine.

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