Rules not governed

Started by MarkC3 • 10 replies • 1606 views

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MarkC3 (Indiana)
Posts: 43

Posted:

We have our election for HOA president in a few months and my name is in the hat. Every annual meeting we have there seems to be one topic that never gets resolved. During the past 5 years, our board members that have served our community have not governed our rules as they should. For example; Fences, we have several properties that have fences that violate our HOA rules. This happened by home owners not getting approvals and the HOA allowing for such violations. If I were to become the HOA president, what can I and the board members do about past violations that would be very difficult and costly for the home owner to correct? My concern is not the current violators, but others that will use those violations as a baseline for their properties. Home owners would and have stated "well, they have that kind of fence, why can't I have one?"

This has been a difficult subject for our past board members so much it has been over looked. I want to change that and start building a structured HOA.

Thanks

CharlesW1 (Georgia)
Posts: 826

Posted:

MarkC3
I too am interested in running for position on our BOD. I hear what you are saying. I have been educating myself with many of the posts on this discussion board.

I am anxious to hear what advice you receive. I would suggest using the search box in the right hand side of the page. You will find hundreds of thousands of previously posted topics, with some really good advice.

You should receive some excellent advice from many of the people on this discussion board. I have!

Best of luck to you
Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Mark, just because restrictions were not enforced in the past does not preclude enforcement in the future. This should be listed in your controlling documents. For the past violations you may not be able to legally enforce if the violation has been known for over one year. You can check with an attorney who only practices HOA law but it may not be prudent to try to get those fences and other violations removed/replaced if there are several.

LeslieH (Utah)
Posts: 3

Posted:

My understanding is that if you allow a violation you would lose a suit if someone else wanted to install a fence and you said no. I agree with Roger. You should talk to an attorney.

MarkC3 (Indiana)
Posts: 43

Posted:

Thanks for the replies. I understand your comments and would turn to an attorney if others come to me with that "well they did it, why can't I?" statement. The lack of consistency has gotten out of control.

Thanks again.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

MarkC3,

A rule must be reasonable and flexible enough to be amended or changed with the times. Perhaps several of the property fences that violate your HOA rules, aren't really that bad, perhaps new rules can encompase the type of fence construction and location?
Perhaps not.

At the end of the day, the answer to anyone that wants to play the discrimination card is, "Unfortunately, there's a statute of limitations on enforcement of violations. The Board has a limited window of opportunity to enforce corrections. However bad example can't set a precedent for future fence construction. Prohibiting future fence construction that violates the HOA rules is not discriminating against owners, it's protecting them from being forced to make expensive corrective changes."

Does your community have Architectural Review Guidelines, with applications for modifications that fall within and without the guidelines and governing documents? Do you have a committee and a procedure that oversees all exterior construction projects?

Curious, how your officers elected, by the community or by the board memebers?

GeraldT1
NNJ

CharlesW1 (Georgia)
Posts: 826

Posted:

MarkC3,
I have read what everyone else has posted. I have a question in regards to what Roger wrote, “For the past violations you may not be able to legally enforce if the violation has been known for over one year.”
I totally agree with that but how will the current board know it was with in the year? Should the homeowner show proof of the approval? If they can’t show proof of the approval, do you then make the homeowner make the needed corrections.
You are right back to “well in they have in why can’t I” situation. I guess I would say “that must have been approved well before I got on the board”
Is this what you would say? I really don’t know!

I only ask because I see plenty of violation throughout my neighborhood. Apparently they weren’t reported as violations or they got an approval. HMMMMM Maybe the just did it and have gotten away with it for some time. If so then how do you know how long they were potentially in violation?

I know it doesn’t sound all that fair to the violators but what about the homeowner that wants to do such and such, but the new board won’t allow it, because the new board in trying to enforce what is written in the CC&R’s.

Please clarify this for me.

I don’t mean to question your advice; I’m just trying to make sense of it all.
Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Charles, please reread my post. I said "just because restrictions were not enforced in the past does not preclude enforcement in the future. I would not approve anything which is in violation with the restrictions. And I would not try to enforce existing violations if you can not determine they are fairly recent.

BarbieS
Posts: 4

Posted:

We have one homeowner who is doing the walk around and pointing game and is using the disscustion board for her personal rantings of I don't like this I don't that. We are a new Board and ACC and the homes have less than 80 total and this one homewowner is refusing to comply and wants to point fingers at others that have been grandfathered or have been approved. She said she is going to stain her fence regardless of what the Board or ACC because others have stained there fence without approval. She is not correct the staining on alot of the homes was under the Builders watch and was Grandfathered when the Builder turned things over to the Ass. So what do you do with a Homeowner who wants to draw a line in the sand? and wants to twist the CCR's and By-Laws? The HOA and ACC did a walk through last Month and she got a disapproval letter for 3 very distracting addtions to her home. Things we did approved should of been Didapproved but we were VERY Reasonable. Her tacky brickwork which other homeowners had complained about we let it slide. Her husband has threatened to sue if we do anything.

CharlesW1 (Georgia)
Posts: 826

Posted:

BarbieS,

I wish I had the answers for you concerning her, but I don’t. I do have a couple suggestions for you though. As long as the homeowner in “violation” can produce an approval letter, or can show proof that the builder did indeed build it prior to them moving in. Then it is approved. Once approved it is always approved. I would think if she continues to do architectural “improvements” to her house and the board continues to approve it then, what is the fuss? If she doesn’t get an approval and she it just doing it then I would send her a violation notice and inform her of the architecture guidelines all homeowners must follow. Inform her that if she continues to make these “improvement” that are not approved, the association will be required to follow the procedures in the CC&R. If your CC&Rs has a fining procedure, start there. Start with warning violations, then fines and then file a lien on the property. If she still continues with these “improvement” then foreclose on the home. If you need to play hard ball then that would be the steps I would follow.
I wouldn’t imagine any person would want to loose their home because they couldn’t follow the CC&R and by-laws.

I would assume she is doing this because the board hasn’t done anything to stop her. She is getting your attention and attention from her neighbors as well.

Just follow what the CC&R state about architectural, structure changes and or any other improvements.

Best of luck with all of this
Keep us post as to what happens.
Chuck W.

Charles E. Wafer Jr.

BarbieS
Posts: 4

Posted:

Thank you Charles!! for your advice!!

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