Posted By KennethC on 09/18/2006 8:07 AM
We had a house burn down end of last week. What steps, if any, can the HOA take to make sure that the property get cleaned up quickly? How hard is it to enforce building restrictions once the home owner decides to rebuild?
I would like to be proactive regarding this matter, but I don't want to be a hassle for homeowner.
Thanks!
Posted By KennethC on 09/18/2006 9:07 AM
How rude! Of course, we are checking on them! How selfish and unfeeling do you think we are? Thanks for thinking so little of us.
Kenneth, no one was rude to you. No one called you selfish and unfeeling; those are your own words.
You asked for advice and you received it from three people so far, in a very positive manner. The advice was to first take care of the homeowner, and instead of taking offense at the advice, I would have expected that your response would have provided us some details on what your HOA and neighbors have done for the homeowners.
Provide us with some details on what your board of directors, representing the HOA, have elected to do for these unfortunate people, and what the neighbors have done to help them.
The more detail one provides, the better advice the members of this forum can provide. Also if you share the details of what your HOA did for these homeowners, it gives everyone ideas on how they can help their neighbors in times of crisis like this.
However, your post just said the fire happened at the end of last week, which is a very short time ago, and the only concern you expressed was about cleaning up the property "quickly" and enforcing the building restrictions. It said nothing about being concerned for the homeowners who were devastated by the terrible loss.
It seems to me that your concern about the fire mess is premature. The homeowners must first go through an arson investigation and an insurance claims investigation process to determine the cause of the fire, and the insurance company responsibility. That will take time.
I'm sure the owners want to quickly clear the property and rebuild more than anyone. However, they will not be able to do anything until they receive clearance from the fire department and the insurance company. After they receive those clearances, they may be able to get the property cleared of the fire residue.
Then there is the process of designing a new house. The homeowners will have to find a general contractor that they're comfortable with. Then they'll have to find an architect they're comfortable with to design the plans for the new home. The house plans will have to be approved by the city or county, depending on your locale. They will also have to be approved by the HOA ACC. All of this will take a lot of time, and there is nothing you or the HOA can do to rush it.
It is not your job to enforce building restrictions. That is up to the city or county and the HOA ACC.
You will have an opportunity to voice any objections to the building plans at the proper time.
The city usually sends out a notice to neighbors of plans to build a home, especially if there are any variances, and any objections to those plans can be voiced in writing and at the meeting the city holds to discuss the plans before final approval.
The HOA ACC should also send out notice to the HOA members when they receive the plans, and at that time the members will have the ability to voice any objections in writing and at the ACC meeting where the plans are scheduled to be discussed for approval/disapproval.
Those are the only two instances where you will have the opportunity to voice your objections, if any, on the house building plans.
Also, consider that the homeowners may not wish to rebuild there. So they may clean up the residue when they have clearances to do that, and put the vacant lot on the market.