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StevenW3 (Oklahoma)
Posts: 64
Posted:
As I've written in some other threads our little HOA Board refuses or interprets our parking CCR's on the liberal side...first it was for loading/unloading commercial trucks up to 48 hours..then it's let the commercial trucks in all the time with no limits...now it's boats and dune buggies for an unlimited time. Calling their attention to it has done nothing, their reply is we'll allow that as we are a working class neighborhood.

I can't take them to court in Oklahoma in small claims and must do so in district court but must sue the individual violating the covenant/restriction not the HOA BOD. At least so says one attorney versed in HOA matters.

I bought into the neighborhood expressly because it was a "Deed Restricted" community and thought that this kind of activity wouldn't happen as it didn't in either of the other two communities I lived in. These BOD members need some enlightenment but won't listen to me. Apathy reigns with regards to violations since 99% of the neighborhood is in violation of one or more covenants.

Thanks for letting me vent....

http://members.cox.net/btlfan64/boathillcrestctln.JPG

http://members.cox.net/btlfan64/dunebuggy.jpg
TamaraW (Ohio)
Posts: 193
Posted:
Steven, what is "deed restricted"? Do you have declarations and bylaws, as well as Rules and Regulations?
StevenW3 (Oklahoma)
Posts: 64
Posted:
yes we have covenants/restrictions that discuss parking. Our BOD President made a questionable interpretation of the parking paragraph and was at first allowing a semi-tractor for up to 48 hours for loading (the tractor is a home depot semi for running around town and doesn't have a sleeper) and now has allowed another commercial truck to be parked daily and over weekends. They are now letting boats and dune buggies remain in driveways for any length of time. In other words we've now gone to completely ignoring all covenants/restrictions. And that isn't even the half of what goes on we won't even get into Design Review and all the additions to homes that have gone unnoticed and not submitted for approval.

Might as well disband it so the lot owners can quit funding their pet projects especially when most of the neighborhood doesn't even use what they are putting in.

Sorry to be so crass but I've about had it and there is nothing I can do about it other than move or ignore it all...

TamaraW (Ohio)
Posts: 193
Posted:
Sounds like it is time to reach out to your neighbors and see what they want to do. There is nothing worse then paying a monthly/quarterly fee to live in a controlled development only to see it is not controlled as written in the decs/bylaws and R&R's.

Also sounds like your BOD needs to poll the community to find out what they want done as far as common area additions.

They work for the community and not self interest.

Any Board members have these Boats or Dune buggies?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Steven,
I am a little confused about how you jump around from not enforcing parking regulation to Design Review and folks adding to their homes and then reach the conclusion there is nothing you can do about these things but move or ignore them.

Most of what you are looking for will be in your documents. Parking; probably the Board (not the President, the President serves the Board not the other way around)can make arbitraly decisions about a lot of your documents. That is a far cry, from there is nothing you can do. You don't need to sue anyone, you need to get their attention. You have an absoluite right to influence your management, if you can by vote. You can get the Board recalled or any part of it, if you have the votes. You must be in this for the long run, the Board must know you know your stuff. You have to know your documents better than your board members.
A recurrent theme around this site is just what you are talking about. What can I do? Read and understand how and what you can do. Basically, it is the same old tried and true method of revolution. You don't like what is going on, you revolt. And you use all the tolls of a revolution. You get supports and outnumber your opponent. You hold town Hall meetings and thrash it out publicaly, You let a lot of sunshine in and you look for cracks. Maybe you are wrong, who knows, but your story has been repeated here over and over. Check to research space at the top of this discussion page. If you are headed down the wrong track, you will know soon enough, but until you test the waters and do your homework, you are lost. For starters, get seven people to attend a Board meeting with you and submit a topic for the agenda. If they don't approve that, let everyone in the place know it. Get a few strong helpers to start and put some pressure on the Board. Please check this search feature and plug in thing like, "Board Recall", "enforcement of documents", "Board Meetings', etc.
Also check on left side of this page and look up CAN.
Good luck!
StevenW3 (Oklahoma)
Posts: 64
Posted:
the last community meeting garnered a mere 12 of 86 residents, the residents just plain don't care! Houses are not selling as quick in this area...some have been on the market for almost a year..I wonder why? It's not a bad location nor are the homes dirt cheap. Could it be because they see boats, commercial vehicles, and old broken down dune buggies in driveways and don't want to buy into a neighborhood that allows them? I sure didn't.

Yes the VP has a boat and the boat photo that I linked to is sitting next door to him and the dune buggy is across the street...although it was in a field behind the neighborhood for a few weeks. Surprised the land owner, city, or police department didn't do something about it.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Steven - your basic question is being talked about in other threads this very moment: What to do when the Board will not enforce CCRs?

You need to attend a meeting and ask for the specific STEPS the Board takes in dealing with violations. It should be in writing, either in the bylaws or a Policy and Procedure or Rules and Regulations. they MAY be in the midst of dealing with the violations you are talking about.

How far the Board will go is really up to them - and the strength of their backbones!!

I HAVE heard of Boards arranging for the towing of vehicles in violation.

MicheleD (Kentucky)
Posts: 4,491
Posted:
I think Steve's been pretty clear the steps his HOA board intends to take: none.

They've already stated that they will not enforce those restrictions because they consider the neighborhood a "working class" neighborhood, and that's just the kind of things "working class" people do with their homes.

He has tried to obtain homeowner involvement one-on-one (if I remember his previous posts), and failed. No one wants to get involved.

I'm sorry to say, since the board WON'T enforce and Steve does not have the funds to sue each violator himself to try to enforce, and his state has no agency that will punish or force the HOA to enforce the docs, then he is now living in a community that he did NOT agree to live in when he moved in and agreed to the CC&Rs.

I agree that sadly, the only alternative that will ensure that his blood pressure remain in the safe zone is to concede and move.

I feel for you, Steve.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Another thread on this site is talking about "implied contracts" when moving into an HOA. There was reasonable expectation on his part that the CCRs - the same ones HE agreed upon - would be enforced.

He could show damages, IMHO. The Board would have to show that its hands are tied in its ability to enforce its own CCRs.

Ask a good real estate lawyer.

This could get interesting.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Steven,
I am sorry, but, it is no big news that you conclude the residents don't care. That is the appearance of nearly all associations, or a large majority.
But that is not your problem. Your problem is to get enough to care to make a difference. Don't be swayed by a desire to please the majority. As you say, a lot don't care. But look at your documents, look at your present situation. You have a small group running your place under your covenants, albeit they may ignore them. So all you need is a larger group to influence your small group. You say you had 12 out of 86 I think attend a meeting. How do you reach quorum? Proxies I imagine. Well someone has to sign those proxies (is that caring?). Of course it is, so get these people to change their mind and assign their proxie to your group. Nothing I have said indicates this is easy or quick, but you don't want easy or quick. You want to build over time a core of people that care enough and are willing to know their documents. A web site is a good way to start this, e-mail "blasts" are good. Also know that in most states, if your association has an e-mail list they have to release this information to any owner requesting it. Make a formal request to the Board you want this information. Keep pushing until you get it. The law of averages dictate all associations contain an average population. Of course there are exceptions and if you want to bet your association is a an exception, then move, you probably would be wrong.
Having said all that, let me confess, I am a poor leader, I am not a good old boy, I don't do well at meetings, etc., and I can't convince peoploe because I don't lead. But there are things I can do and one of them is recognise a leader and support him or her, and I know my documents pretty well, so people ask me questions about them. I make sure my answers are right and they are jus what my leaders are trying to do. So, I end up helping a little and over 19 years, I can walk this property and see my fingerprints all over this place. And, it is still not run right, but it is getting closer and closer.
StevenW3 (Oklahoma)
Posts: 64
Posted:
Robert you assume that they play by the rules and actually know/follow them...They don't. I asked about proxies and got a blank stare...they just (as my British wife would say) toddle off on their merry way. I won't clutter the thread with all the other stuff they don't do. Suffice it to say even if they wanted to do away with all the covenants they'd never get a quorum.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Steven,
I think I understand a little about Home Owners Association here in SC. May I suggest you look at this site http://oklegal.onenet.net/oklegal-cgi/get_statute?98/Title.60/60-501.html

Compare what this says to your operation and if they are not foloowing this , ask them why not. Then I would call the Attorney General of Ok and ask his office what to do if they are not following the law.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Steven,
Check this out: http://www.ok.gov/gsearch/search?site=oklahoma&client=oklahoma&output=xml_no_dtd&sort=%3Ddate%253AD%253AL%253Ad1&proxystylesheet=oklahoma&oe=UTF-8&q=Home+Owners+Association+Laws&Submit=Go

Go to OK home site, put in Home Owners Association Laws.

There is control by the state, the AG of OK has responsibility and you should give them a ring.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Robert,

Do you know for a fact that the AG of OK will handle HOA disputes? I know that is NOT an option we have here in AZ.
StevenW3 (Oklahoma)
Posts: 64
Posted:
Quote:
Posted By MaryA1 on 09/04/2008 1:11 PM
Robert,

Do you know for a fact that the AG of OK will handle HOA disputes? I know that is NOT an option we have here in AZ.

The answer to that would be no they do not get involved. I was referred to Consumer of Affairs for Oklahoma who can get involved if you have dues and are not being represented. Will be getting in touch with them either today/tomorrow. Otherwise the AG referred me to legal aid.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
MaryA1,
No I don't know for a fact. I do that that most AG will get involved for criminal procecution. I do know from a glance at the OK web site that the AG appears to have jurisdiction over HOA, as far as the statute allows. The SC AG says to settle this stuff yourself, which I really don't have a problem with. My problem on this thread is to try and find out how much has been done and what resources Steven has used to get to where he is at this present time. It become a shotgun assault when you are guessing how knowledgeable the poster is. Steven certainly is not a babe in the woods as I supposed from reading his first post. I still feel he needs to really study his covenants and get some support. But, I could be wrong about that. At this point I would like to know specifically what he is trying to do. Overthrow the Board, sue someone, or the association or try and convince the Board about something. I just finsihed a session with a condo lawyer the other day, in fact two of them, and they both informed me I need to define in writing what I want to do. I thought I was prepared to spend my money and it comes down to the points I have problems with and how I want them addressed. This is just small political stuff I am trying to do, but it becomes complicated. I think Steven's issues will probably turn out complicated also. Get prepared.
StevenW3 (Oklahoma)
Posts: 64
Posted:
RobertR1 my whole goal is for the HOA BOD to grow a spine and enforce the covenants/restrictions in a fair and impartial manner and as written. I've brought to the attention of the BOD the problems with not taking action or with making questionable interpretations of the covenants/restrictions to no avail. I guess when the VP is in violation of at least 3 and is in charge of the committee charged with enforcement or should I say lack of, it gives you an idea of what the situation is and what I face. One other BOD member was in agreement with me but he has now ceased communication. The BOD does not want any conflict. A perfect example is this: one of the commercial vehicles being parked in the neighborhood belongs to the President's baby-sitter so he made an exception for him because he has stuff in his garage and can't park the commercial van in the garage so in the driveway it sits. It first started with a semi-tractor for up to a 48 hour period so the lot owner could load for his trips, now it's all the time with another lot owner and boats and dune buggy's are parked 24/7.

If the Consumer Affairs of OK can't help then I'll have to try the legal route or just live with it as the BOD simply won't act until forced into action.

I appreciate all the advice and suggestions you are a great bunch and your support is greatly a big help!!!
KirkW1 (Texas)
Posts: 1,665
Posted:
If you take action, I would start with a BOD member. Once they are forces into compliance they will be more likely to enforce it on others.
TamaraW (Ohio)
Posts: 193
Posted:
Too add light to this situation, I would like to introduce a quite immature solution:

Throw a family of Pink Flamingo's in your yard, a few gargoyle cement statues at the end of your driveway - paint them purple. When they call you out for your violations, refuse to take them down until they start following the rules.

Might get their attention!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
TamaraW,
Personally, I see nothing wrong with these kinds of actions.....done for the right reason, and not just to be different. Kirk suggests isolating a Board member and work on him/her, I don't object to that either. The extremes seem to be with a developer, get him some press, honest reporting of a bad situation. The extreme with a BOD is to speak louder than they do.....have more guns and shoot till they pay attention. The apathy you find common in (a bunch....I say a bunch because I can't really be sure) of HOA's is much more difficult. This requires a solid effort to educate and communicate (may be one and the same). No short term solutions here and it amounts to hard work. But, after reading a lot of these kinds of posts on this site, I wonder if anyone has noticed that if the Associations start out right, for some reason the continue that way for the most part. I also suggest if the associations get managed for what ever reason and results in the kind of nonsense this thread is about, it takes a act of God to get them turned around. I know our condo operates in part of how it was done before. I don't agree, certainly if you don't enforce the covenants because they weren't enforced before, you just continue bad practices.
TamaraW (Ohio)
Posts: 193
Posted:
I agree Robert, I would personally start with the news - at the point of where Steven is now. I believe drastic measures need to be taken for him to be heard and he is within "the right" of this situation.

STEVEN - go to a salvage yard and find the ugliest boat you can and set it your driveway. Sometimes mimicking behavior gets attention.

My teenage son thought he could let his pants droop sporting his boxers, I did the same for a week. I won!
JackG2 (Virginia)
Posts: 10
Posted:
StevenW3, I think it's time to run for a position on the board.

I know this is a suggestion that strikes the faint of heart with fear and trepidation. But if you really want to change your community you need to get involved.

You'd be surprised with the difference you can make if your intent is to get your other neighbors involved.

It's a little disingenuous to simply complain about the actions of others who aren't getting paid while you and your family reap the benefits of others work and time.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Tamara,
I am not up on stuff like this but I am interested enough to ask (since no one elce did), do women wear "boxers" now days? Hell, I don't even wear boxers.
TamaraW (Ohio)
Posts: 193
Posted:
Robert - Thanks for the laugh! Let me just say this..........Women can wear boxers if they want to prove a point. At 38 years of age, I am sure I looked a bit more ridiculous then him, but my point was if you can do it, then OK for me to do it.

Reverse psychology works sometimes. My tactics were much more successful then taking the verbal repetitive stress ride.
TamaraW (Ohio)
Posts: 193
Posted:
Jack - I just cannot take your resolution to Steven and not speak out about that.

The BOD joined the Board to look out for the betterment of the community not in a selfish manner. Homeowners have the right to rely on the BOD to carry out the R&R's they signed up for when they bought their home. Not everyone has time to volunteer and commit. BOD do a great deal of good for the community through a volunteer position they signed up for and have a responsibility to set standards for the community by their actions - following the rules would be one. Homeowners who are members of the HOA have the right to rest safely knowing their community/investment is in the best hands of the BOD.

dis·in·gen·u·ous Audio Help /ˌdɪsɪnˈdʒɛnyuəs/ Pronunciation Key - Show Spelled Pronunciation[dis-in-jen-yoo-uhs] Pronunciation Key - Show IPA Pronunciation
–adjective
lacking in frankness, candor, or sincerity; falsely or hypocritically ingenuous; insincere: Her excuse was rather disingenuous.

This would be how the BOD is acting, not Steven, and too suggest such offends me, because he is a homeowner and has just concerns and expectations of his BOD. HE also has the right to fight this without joining the Board.
StevenW3 (Oklahoma)
Posts: 64
Posted:
small victory...the dune buggy has been removed by the city...non-operable vehicles cannot be kept in a driveway nor the street where he had moved it to. Now he has taken it to a piece of commercial property and placed a for sale sign on it..the property management company is NOT a happy camper about it and will be taking action today. ooops...
PamelaB2 (Missouri)
Posts: 16
Posted:
Quote:
Posted By StevenW3 on 09/02/2008 12:05 PM

I can't take them to court in Oklahoma in small claims and must do so in district court but must sue the individual violating the covenant/restriction not the HOA BOD.

In Oklahoma small claims is a division of the district court, so when someone tells you that you have to go to "district court" they might mean the small claims division of the district court.

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