ChuckB2 (Washington)
Posts: 14
Posts: 14
Posted:
Our HOA includes 40 homes and is just now 7 years old. Common areas have been neglected for several years now and violations of the covenants are common. The previous administration was headed by an individual that, in my opinion, used his position to shield his illegal business operation (within the HOA community) and used his power to make life miserable for others. The attitude in the neighborhood was apathetic and we were like 40 little isolated islands, with little talk and cooperation. In talking with people there was a lot of animosity and distrust.
Last July, a new board was seated but with the same old guy now as VP. Attendance was really poor and the main reason he was able to stay in theloop, so to speak. I was new to the area and had no idea what I was getting into. The new members tried to get things going but the "same old guy" did everything he could to thwart our efforts. He delayed getting the finance records and checkbook to the new treasurer for almost three months. He did the same with the historical documents needed by the secretary, me. There is much more to this part of the story, but you get the picture.
The new board decided that it was time to start enforcing the CC&Rs so we began by making a list of known violations. Chief among them being the illegal business that was both a major nuisance to his neighbors and illegal by county zoning restrictions. During a board meeting we confronted the VP and said we could not have a board member with such a violation and that he needed to remove his business. This needed to be done before we felt comfortable going to people asking them to shape up. He whined and cried and pointed fingers and said he would take action. He didn't, so we held another board meeting and voted him off the board. A new VP was appointed to take the VP position.
Then we contacted the HOA lawyer to start legal action to get the business out only to find out that the lawyer also represented the illegal business. We looked and found another lawyer to represent us and started legal action. A letter was sent notifying him of his violations of the CC&R as well as County zoning restrictions and he was given 30 days to get out. He did not respond to the lawyer and did not move his business, so the next step was to begin a suit and ask for an injunction which would have forced him out immediately. He was also notified that he would be fined $100 each week and that the fine would escalate if he did not move the business. Again he ignored everything.
During this time the board revamped the CC&Rs, bringing them up to a more reasonable and fair condition. This included removing all the invocations of the builders rights since the builder is long gone. We also made minor changes to the Bylaws. By the way, we asked everyone in the HOA to submit recommendations and gave them several weeks to do so.
When we sent out notice for our annual meeting we sent copies of the CC&Rs and Bylaws with the proposed changes included. In our agenda we had the normal stuff along with the CC&R and Bylaw issues and vote. We also included a robust proposal with three options that would shape up the appearance of our community. One was to contract the whole thing out and there were two proposals for a self-help way of getting things done.
We also included an agenda item for the HOA legal action against the illegal business.
Past meetings have been poorly attended but this one was different and our first indication for success. We had 50 percent of the homes represented, including the one with the illegal business. The atmosphere was upbeat and friendly. You could tell that here were people that cared and were interested in getting things changed.
We had the obligatory sign in sheet and our freind with the illegal business continued his childish ways by signing in as "Here" which completely negated any vote he might make on any of the issues. And, it was just another example of an attitude that we will not miss.
The CC&R changes were discussed with some very good comments and points made. In fact, several comments will result in slight modifications. The vote was completely in favor with our friend not bothering to register a vote.
The same thing happened with the Bylaw changes.
The proposals for common area maintenance were voted on and everyone voted to buy equipment and attempt a self-help system using volunteers. I hope this works and if we are able to maintain the energy we had at the meeting I don't see any reason why we won't be successful. But, time will tell.
When we got to the legal action against the illegal business our friend informs us that he has bought a new home and will be leaving in 3-4 weeks. This was great news because it removes a boil that has been bothering many for a long while. The issue now is if the board has the fortitude to bill this guy for the fines and legal fees or just let it go. I don't have a rational position on this and my one irrational thoughts are to get the money out of him regardless.
OK, now we are on a solid path to revitalization and bringing back our curb appeal and in creating a harmonious sense of community. We have a change in attitude going on and with about $10,000 worth of equipment and a few weekends of work we should have things ship-shape. After that it should boil down to a periodic maintenance effort.
Personally, I am very happy with this because I put an awful lot of effort into things. As some of you may recall, I asked for advice from all of you and that advice was reflected in what we did and the outcome.
I thank you for that.
If you are still reading this, thank you. This is someting that shows things can be made to work if people get involved and stay focused.
Thank you all!
Chuck
Last July, a new board was seated but with the same old guy now as VP. Attendance was really poor and the main reason he was able to stay in theloop, so to speak. I was new to the area and had no idea what I was getting into. The new members tried to get things going but the "same old guy" did everything he could to thwart our efforts. He delayed getting the finance records and checkbook to the new treasurer for almost three months. He did the same with the historical documents needed by the secretary, me. There is much more to this part of the story, but you get the picture.
The new board decided that it was time to start enforcing the CC&Rs so we began by making a list of known violations. Chief among them being the illegal business that was both a major nuisance to his neighbors and illegal by county zoning restrictions. During a board meeting we confronted the VP and said we could not have a board member with such a violation and that he needed to remove his business. This needed to be done before we felt comfortable going to people asking them to shape up. He whined and cried and pointed fingers and said he would take action. He didn't, so we held another board meeting and voted him off the board. A new VP was appointed to take the VP position.
Then we contacted the HOA lawyer to start legal action to get the business out only to find out that the lawyer also represented the illegal business. We looked and found another lawyer to represent us and started legal action. A letter was sent notifying him of his violations of the CC&R as well as County zoning restrictions and he was given 30 days to get out. He did not respond to the lawyer and did not move his business, so the next step was to begin a suit and ask for an injunction which would have forced him out immediately. He was also notified that he would be fined $100 each week and that the fine would escalate if he did not move the business. Again he ignored everything.
During this time the board revamped the CC&Rs, bringing them up to a more reasonable and fair condition. This included removing all the invocations of the builders rights since the builder is long gone. We also made minor changes to the Bylaws. By the way, we asked everyone in the HOA to submit recommendations and gave them several weeks to do so.
When we sent out notice for our annual meeting we sent copies of the CC&Rs and Bylaws with the proposed changes included. In our agenda we had the normal stuff along with the CC&R and Bylaw issues and vote. We also included a robust proposal with three options that would shape up the appearance of our community. One was to contract the whole thing out and there were two proposals for a self-help way of getting things done.
We also included an agenda item for the HOA legal action against the illegal business.
Past meetings have been poorly attended but this one was different and our first indication for success. We had 50 percent of the homes represented, including the one with the illegal business. The atmosphere was upbeat and friendly. You could tell that here were people that cared and were interested in getting things changed.
We had the obligatory sign in sheet and our freind with the illegal business continued his childish ways by signing in as "Here" which completely negated any vote he might make on any of the issues. And, it was just another example of an attitude that we will not miss.
The CC&R changes were discussed with some very good comments and points made. In fact, several comments will result in slight modifications. The vote was completely in favor with our friend not bothering to register a vote.
The same thing happened with the Bylaw changes.
The proposals for common area maintenance were voted on and everyone voted to buy equipment and attempt a self-help system using volunteers. I hope this works and if we are able to maintain the energy we had at the meeting I don't see any reason why we won't be successful. But, time will tell.
When we got to the legal action against the illegal business our friend informs us that he has bought a new home and will be leaving in 3-4 weeks. This was great news because it removes a boil that has been bothering many for a long while. The issue now is if the board has the fortitude to bill this guy for the fines and legal fees or just let it go. I don't have a rational position on this and my one irrational thoughts are to get the money out of him regardless.
OK, now we are on a solid path to revitalization and bringing back our curb appeal and in creating a harmonious sense of community. We have a change in attitude going on and with about $10,000 worth of equipment and a few weekends of work we should have things ship-shape. After that it should boil down to a periodic maintenance effort.
Personally, I am very happy with this because I put an awful lot of effort into things. As some of you may recall, I asked for advice from all of you and that advice was reflected in what we did and the outcome.
I thank you for that.
If you are still reading this, thank you. This is someting that shows things can be made to work if people get involved and stay focused.
Thank you all!
Chuck
