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Board Member Violates Bi-Laws

Started by RedmondH • 11 replies • 1304 views

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RedmondH (Virginia)
Posts: 4
Posted:
Our Bi-laws state that no signs of any kind are allowed on the lots except "for sale" or "for rent" or "protected by". A board member has put up a political sign and said the rules do not apply to him, they are for construction signs. What do you do when a board member disobeys the Bi-laws.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Redmond,

Some states have statutes preventing HOAs from banning political signs. I suggest you check out the VA HOA statutes.

IMO, it sets a very bad example when board members violate the rules. He needs to receive a violation notice with a subsequent fine if he doesn't cure it w/i the time allotted. He cannot be treated any differently than any other member of the assn who is in violation of the CCRs. In the meantime, the Pres needs to have a talk with him and set him straight. As a board member, his duty is to uphold the rules not break them!
MicheleD (Kentucky)
Posts: 4,491
Posted:
File a formal complaint in writing, citing the date of the infraction and the by-law or restriction that applies and mail, certified or registered if you like, to the board and request formal action be taken immediately.

You might want to also cite the restriction or by-law that speaks to the responsibility of enforcement (it will probably address the responsibility to all members and not just the board).

Be sure to note on it a cc: your attorney.

Of course, since the election is almost here, it will be moot soon, however, the board needs to be noticed that they are responsible for enforcing all restrictions and NOT simply the ones THEY decided to enforce or not.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Mary, I don't know about Virginia, but if it is anything like Kentucky, there is no such law.

Political signs can be regulated/restricted in HOAs.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Redmond,

Take a picture of it and save it for when needed. Ask to see where the political sign is a "for rent or for sale" sign as per your bylaws, those are the only ones allowed. He obviously cannot understand his own associations documents.

The good news is that we only have 6 more days of this INSANITY and it will be over--(we hope)
KirkW1 (Texas)
Posts: 1,665
Posted:
Take a picture of the sign and bring it up at the next annual meeting would be my choice of action. Perhaps you can get the bum out of office.
JeanneK3 (Maryland)
Posts: 562
Posted:
From what I remember, Virginia does have a law allowing political signs, as does Maryland. Anyone in your homeowner association can put up a political sign.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Jeanne: Kentucky "allows" political signs, but HOAs can restrict them.
KarenP1
Posts: 41
Posted:
All of the By-laws of your associations apply to all property owners. I suggest you obtain a copy of the By-laws if you don't have one and at the next meeting read the text that applies to signs, adherance to the covenants. Then read the one that states the Board's duty to enforce the covenants. The POA Act of Virginia can be found on the state's website. 55-510.1. Read 55-515 which has to do with compliance. I live in Virginia and my Boards have not always done things properly so I have been very vocal and read the Va law and covenants to the Board. I am now beginning to see some changes in the way they operate. It takes persistance, respect and research. Always have documentation to back yourself up.
karen
KarenP1
Posts: 41
Posted:
Virginia does not have a law allowing political signs in private neighborhoods. A bill was submitted but never passed. a private community can restrict signs.
Karen
SusanW1 (Michigan)
Posts: 5,202
Posted:
Redmond - can you print your bylaw here?

RedmondH (Virginia)
Posts: 4
Posted:
(This site is very helpful.) Use Restrictions Section 3 : No sign or Billboard of any kind shall be displayed to the public view on any portion of the property or any lot, except the premanent entrance sign, one (1) sign for each lot , of not more than eighteen (18) inches by twenty-four (24) inches, advertising the lot for sale or rent, and one security sign per lot...

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