Refused to send in submission form before work began

Nancy,

We have a similar requirement (for our SFDs) which is often ignored or overlooked by Membership. We have never enforced it, though would if 1) a neighbor complained, and/or; 2) the Member was building something really obnoxious, and/or; 3) it violates a specific rule in our docs (such as no fences in front yards, etc.). This laisser faire attitude of the BOD is based on the feeling that it's the owner's lot and most likely the addition will improve the value and enjoyment of their property, which is a good thing. Some Rules Nazis here will no doubt disagree, but that "take" works for us.

Flower beds? C'mon.

We are condo. We own only our single family home, no land. All the land is owned by all residents.

Nancy:

These 2 Owners should be called to a hearing before the Executive board. Follow your governing documents and Wisc. Law in the hearing. If fines are allowed let these Owners know that they can be fined for not following the guidelines.

NancyD -

Since we don't know the specifics of ALL portions of your governing docs, this reply comes with the caveat that it may not be entirely appropriate given other aspects of your CCRs and/or By-laws .. .. ..

Let's assume (always dangerous) that your docs require the HOA's approval for these exterior changes (ARC, ACC, etc) and that the docs further stipulate that approval must be obtained prior to the work beginning.

This owner has obviously violated the CCRs.

I would suggest the following:

1). The BOD or PM company should notify (as detailed in your CCRs) the owner that they are in violation of the CCRs.
2). The notification should require that either (a) the changes be reversed, or (b) that an application be submitted requesting approval by xx/xx/xxxx date.
3). The notification should also describe the HOA's next actions (e.g. fines) as permissible by the governing docs, in the event that such a response is not taken.

Actions after that will depend on the owner's response to the notification .. .. if they do nothing, fines should be imposed (I suggest daily fines until the situation is remedied - unless not allowed in your state).

The HOA cannot set a precedent of ignoring blatant refusals to abide by CCRs.

Nancy,

Sadly, there is a multitude of people like that living in HOAs and driving their BOD's crazy. As suggested by other, about the only thing the BOD can do is impose a fine for violating the CCRs. My BOD has instigated a $1,000 fine for not obtaining prior approval; however, they will negotiate that amount. These two members need to be made to understand that the procedure will be followed or they will be fined and if the fines are not paid their property will be liened. And, on top of that should they do something that the board would not approve an additional fine could be imposed for constructing something that is disallowed.

Since this person is using/altering property NOT her's, she is technically trespassing. See if you can get law enforcement involved.

In the meantime, be sure that all residents understand exactly WHERE their property lines are and what is common area.

I concur with MaryA1. My association doesn't really have any rules/regulations/procedures written down. We just developed a debt collection policy, and it's in agreement with our other documents (bylaws and CCR).

I agree, though, that I think you need to develop a policy, including levy-able (is that a word?) fines, get the BOD approval, notify the owners, then start fining. As long as you can fine from your founding docs, the policy/procedure just outlines exactly how it will go.

This isn't a new 'rule'. You stated that your docs already have the requirement that the forms must be submitted. What the others are suggesting is that you should document your policy on how you will enforce that rule. However, that doesn't prevent you from enforcing the existing rule anyway by whatever means the Board feels is reasonable.

As to being told to leave, didn't you say that this was on common property owned by all of the homeowners? Your response should have been to tell them to "plant" it where the sun don't shine.

Nancy if your COA documents are anything like ours they specify what can and cannot be done on common & limited common elements. They require the violator to return them to the original state or allow the BOD to cause the work to be done with a special assessment against that unit to pay for the work. In addition if you have to sue them to make them play by the rules you can ask the court to make them pay the HOA's attorney fees. You don't always get them but some courts will grant them.

Nancy,

Never give in to a person who threatens legal action. They are usually all bark and no action. Let her put her money where her mouth is and IF you contacted by her attorney you can respond. Meanwhile do everythig you can to put in writing to her that she is violating the covenants,etc.

Nancy,

No one ever said being a board member wasn't a thankless job! I've been there, done that so I know exactly what you are experiencing. The assn I was a board member of only consisted of 49 homes. IMO, the smaller the assn the tougher it can be for a board member. Most people cannot understand that being a board member means following all the rules even if you don't particularly agree with them. I hope all your fellow board members have the backbone to enforce the gov docs without regard to who is violating them. If not then there will be even more problems! Right now you may have members who don't want the CCRs enforced, but some day there may be a member (or more than one member) who complains that the CCRs are NOT being enforced.