Actions being done, Board members and PM forget?/

Started by FrancescaM • 6 replies • 1241 views

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FrancescaM (Washington)
Posts: 264

Posted:

IN November we had a noise issue with a renter that warranted a meeting with the HO directely. The HO came and was planning on evicting her resident for many issues including sub letting the condo without notice, having a boxer dog on the premises without the owner knowing, there is a huge list. The board was sympathetic and supported the homeowner in the way we gave her a verbal notice to remedy the situation and we would support her as much as we can. That was 4 mos ago, renter still here, issue still the same. NO eviction has happened and the renter continues with noise, dog issues ect.

In December 1 month after the orignial meeting.. 6 documented incidents of noise, barking dog, parking issues warranted a fine of $100 which was ok'd by the board.

Simple? I know this action because I have documented the noise infractions, police called etc.

Its Feb. Our HO got her fine notice last month, she is now debating it saying she was never called in for a second meeting. That is not out process, she got a verbal warning to fix her tenant or else essentially. Can you believe our board voted to fine her and seemed to forget the did this?

I got email from our pm asking what can we do, we have one board member who voted to fine her and is now asking why we didn't call her in for another meeting... it' nothing short of the keystone cops board.

I told our board members the outline scenario with dates of infractions, our motion to proceed to fine.. I also asked them to actually review our minutes that they approved. I couldn't help but be concerned as actions are being done that somehow are "forgotten" by our board and PM!

SusanW1 (Michigan)
Posts: 5,202

Posted:

The issue is: who follows up to see that motions are carried out? After the motion was passed, the president should have directed someone to carry it out.

Go back to your president and ask for accountability for all motions passed.

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By SusanW1 on 02/10/2009 4:57 AM
The issue is: who follows up to see that motions are carried out? After the motion was passed, the president should have directed someone to carry it out.

Go back to your president and ask for accountability for all motions passed.

That would be our management company.. who sent the letter with the fine... that everybody is so "uncertain" about now. Our minute indicate the PM was to mail a letter which they did.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Then it should have been placed in 'Unfinished Business" for the next meeting's agenda.

Ah, the devil is in the details and follow-up takes a lot of work.

GlenL (Ohio)
Posts: 5,491

Posted:

As long as your documents and any applicable state law were followed then yes this is a valid fine. I however would waive it this time since the first meeting resulted in a "verbal warning" was she told a continuation of the problems would result in a fine? The "verbal warning" should have been followed with a letter to the H/O reiterating the decisions reached at the meeting with her and what she agreed to and what the next steps would be for noncompliance. Do you have a written fine schedule that has been given to all owners? While that might not be required in Washington IMHO it is only fair to the homeowners to know if you or your tenant and/or guest do this then the fine is $X. Just like a collections policy the HOA needs a written guide on the steps that will be taken for rule/covenant violations. And as others have said: document, document, document everything; if it reaches a courtroom or arbitrator you need to prove that you did everything by the book. Otherwise the defendants claim of let me guess "selective enforcement" will probably prevail.

Studies show that 5 out of 4 people have problems with fractions

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By GlenL on 02/10/2009 4:25 PM
As long as your documents and any applicable state law were followed then yes this is a valid fine. I however would waive it this time since the first meeting resulted in a "verbal warning" was she told a continuation of the problems would result in a fine? The "verbal warning" should have been followed with a letter to the H/O reiterating the decisions reached at the meeting with her and what she agreed to and what the next steps would be for noncompliance. Do you have a written fine schedule that has been given to all owners? While that might not be required in Washington IMHO it is only fair to the homeowners to know if you or your tenant and/or guest do this then the fine is $X. Just like a collections policy the HOA needs a written guide on the steps that will be taken for rule/covenant violations. And as others have said: document, document, document everything; if it reaches a courtroom or arbitrator you need to prove that you did everything by the book. Otherwise the defendants claim of let me guess "selective enforcement" will probably prevail.

How did you guess this would be selective reinforcement? The landlord came to our HOA mtg this week, plead her case. Despite her saying she has a squater on her unit.. the has taken rent money from him.. she told the board she is helpless on the situation and now the board voted to remove her fine!!

EllenS1 (Florida)
Posts: 1,148

Posted:

It sounds like you have a wimpy board. Does your city or county have any power in removing "squaters"?

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