💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

KayS2 (South Dakota)
Posts: 1
Posted:
Some of the people here were told by a Californis Hoa Lawyer that the general rules in our CC&R's "are not set in stone".
What has happened is people that work or volunteer here never put their equipment or trailers in the community parking, instead they park their equipment or trailers in their driveways for days. If they are working or not in the community.
Some of the people who think a violation should be given because thay have been viberly told. The HOA said no they would not. It is in our CC&R's no trailers, campers, motorhomes, utility trailers to be parked on property unless behind a 10ft fence. Some people have their campers and motorhomes in their drive all the time
The HOA says it is OK.
Now the people in this community are fighting about the "Rules", and the people that follow the rules are pulling their campers, trailers, motorhomes out of the community parking and leaving them in their driveways or alond side their homes. This week they started walking their dogs and are not picking up the poo...that is another rule "pick up dog poo"
What can be done to the people that started not following rules so we can get everyone else back to cleaning up our community and start following the HOA's CC&R's "general rules" that are written.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Kay, you wrote:

>>>It is in our CC&R's no trailers, campers, motorhomes, utility trailers to be parked on property unless behind a 10ft fence. Some people have their campers and motorhomes in their drive all the time The HOA says it is OK.<<<

I'll presume by "HOA" you refer to your BOD. I'll also assume your docs provide a method for removing the BOD and replacing it with folks who understand words and would enforce what those words mean.

However, from your brief description, seems you have a rather petulant Membership, so that might not be in the cards.

Good luck.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Kay,

It sounds to me like you need a new board of directors who will be willing to do their job and enforce the CCRs. All the people who are following the rules and are now deliberatly violating the rules should put their energies into something more constructive such as drawing up a petition to remove the board members.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By KayS2 on 07/11/2009 10:50 AM
Some of the people here were told by a Californis Hoa Lawyer that the general rules in our CC&R's "are not set in stone".
What has happened is people that work or volunteer here never put their equipment or trailers in the community parking, instead they park their equipment or trailers in their driveways for days. If they are working or not in the community.
Some of the people who think a violation should be given because thay have been viberly told. The HOA said no they would not. It is in our CC&R's no trailers, campers, motorhomes, utility trailers to be parked on property unless behind a 10ft fence. Some people have their campers and motorhomes in their drive all the time
The HOA says it is OK.
Now the people in this community are fighting about the "Rules", and the people that follow the rules are pulling their campers, trailers, motorhomes out of the community parking and leaving them in their driveways or alond side their homes. This week they started walking their dogs and are not picking up the poo...that is another rule "pick up dog poo"
What can be done to the people that started not following rules so we can get everyone else back to cleaning up our community and start following the HOA's CC&R's "general rules" that are written.

Just curious, what does "viberly" mean?
MaryA1 (Arizona)
Posts: 7,043
Posted:
I think she meant "verbally". Some computers just can't spell!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Oh.

Color me embarrassed.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
KayS,
First go back and give your post a critical read.
Here you are living in a home owner association and you have paid a lot of money for your house. We are to believe that all of a sudden your neighborhood has gone to the dogs. Your first sentence starts out with some layers told some people that your documents are not set in stone. There is nothing relevant or correct about that, but it seems to mean something to you.

Your problems are not lawyers, unless you have to retain them. Your problem is right where you know it is, inside your community. How deep is it, apparently quite deep but you would know that better than we. You have a choice, try to make change or not. Up to you.
First step is to go to the Board at a meeting, get your concerns on the table, recorded in the minutes and request some kind of a Bord reply and record that and get it in the minutes. If the Board considers your problem, ask for a response in a week or so. If they ignore your concerns. try and talk to individual board members, get a sense of who is running what. Keep records. If you don't like the answers, get support from your neighbors. Build a force and go back to the Board and demand that your group be given information about how the association is run, record that. Get your group back together, if you are not satisfied, organize the group, discuss a publish a "Mission Statement" and call a town hall meeting lead by your group and build more support. I really think that by this time the way will become clear as to what you have to do.
SusanW1 (Michigan)
Posts: 5,202
Posted:
You said: "The HOA says it is OK."

So there you go. If the HOA board is not enforcing the CCRs and rules, you pretty much are SOL.

It's so much more difficult to "correct" than to "let go" so now it's going to be hard for them to get back their authority; sounds like they don't have the courage.

But . . . .You and some other concerned members could file a lawsuit against the board for not enforcing current CCRs and rules. Have a lawyer write a letter to the board and get their attention that they need to enforce what is current and/or work to change what is outdated. By "not set in stone" I think it means that they CAN be changed, but there is a process for changing the CCRs and rules.

Let your board know that you expect them to uphold the standards that you thought were in your purchase agreement for your home. Your contract is being violated.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here