I HATE association living!!!!!

Started by CharlesW1 • 13 replies • 1939 views

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CharlesW1 (Georgia)
Posts: 826

Posted:

I’m looking for advice from those of you who have and/or are currently in a similar predicament as I am currently in. I reside in a Plan community of 275 residences. Not ALL the residence abide by the covenants (as so many of you are familiar with), what else can be done besides the typical violation notice, fines (which in turn if not paid, can and have been persuaded further, judgments are filed and eventually the association wins! WOOPY) , yet these homeowners continue to disregard the covenants, time and time again and leaves a nasty taste in the mouths of many.

Mean while their neighbors continue to receive “nasty grams” for the same violation, that they observe not being resolved, right next door to their house. As a previous board member and a concerned neighbor, I would like to help the current board resolve this situation. I’m looking forward to hearing from as many of you as possible.

Thanks as always,
Chuck W.

Charles E. Wafer Jr.

DanaB1 (Connecticut)
Posts: 319

Posted:

Hi Charles,

So your association has a record of enforcing fines and yet people would still rather just pay the fines than to live by the rules?

I assume members have the right to notice and hearing before the fine is levied?

What type of flagrant abuse of rules are we talking about? Are they rules that the association might be better off just changing? Is this group of violators a very small group with no taste?

D

MicheleD (Kentucky)
Posts: 4,491

Posted:

I don't know about in Georgia, or in your particular HOA, but in our state and in our HOA, the board can take the violators to court and a judge will compel compliance. At that point, if compliance is still not gained, the homeowner will be in contempt of court and it's up to the judge what sort of penalty to impose.

Over the last 12 years we have had to take 3 residents to court. Each time the violator was ordered to comply with the restrictions.

Each time the violators had to pay the attorneys fees.

Now, when we have a stubborn resident, we caution them regarding these past lawsuits and we obtain compliance without having to resort to the lawsuit.

Sometimes the HOA just has to call the bluff and take it to the next logical step.

Often it only takes one or two and the message is solidified that the covenants ARE enforceable, the courts WILL compel compliance, and the HOA WILL take it to that step if need be.

One case involved a commercial vehicle (a plumbing van).

One case involved an above-ground pool.

One case involved a dog-run, nuisance violation (dog barking), and unapproved construction (all in one resident!).

AnnaD2 (Florida)
Posts: 960

Posted:

As usual Michelle gives solid advice.

I'm guessing that some of your neighbors are exhibiting the attitude of, "Well, so-and-so hasn't corrected HIS violation...so why should I?" If that is the case you need to explain that each violation is being handled on a case by case basis. What Michelle says is true: Once people hear that more drastic steps WILL be taken then they may comply. But you have to get the word out that legal action will, is, and has been used to get things resolved, AT THE EXPENSE OF THE HOMEOWNER.

Two wrongs don't make a right. But doesn't it just SUCK to be "challenged" every single step of the way??? It's an endless cycle...so I can see why you hate association living.

RickW (Illinois)
Posts: 169

Posted:

Quote:

Posted By CharlesW1 on 09/26/2009 8:41 AM
I’m looking for advice from those of you who have and/or are currently in a similar predicament as I am currently in. I reside in a Plan community of 275 residences. Not ALL the residence abide by the covenants (as so many of you are familiar with), what else can be done besides the typical violation notice, fines (which in turn if not paid, can and have been persuaded further, judgments are filed and eventually the association wins! WOOPY) , yet these homeowners continue to disregard the covenants, time and time again and leaves a nasty taste in the mouths of many.

Mean while their neighbors continue to receive “nasty grams” for the same violation, that they observe not being resolved, right next door to their house. As a previous board member and a concerned neighbor, I would like to help the current board resolve this situation. I’m looking forward to hearing from as many of you as possible.

Thanks as always,
Chuck W.

Without knowing the particulars, it sounds like the board need to either change the rules, or strictly enforce them across the board.

As a board member, I acknowledge we have let some rules slide, but, in the end, what we do enforce is enforced across the board to everyone. The items we let slide, we closely monitor and are ready to step in with enforcement at a drop of the hat. I realize this is not a strict enforecement and could in the end bite us in the a**, but for now its working.

Association living has its advantages and disadvantages...

KyleB (Ohio)
Posts: 17

Posted:

In todays market "When your in your in" Bought a condo and remodeled. Age now requires me to find unit with no steps. Cant find anything under $150K that can compare. Units in complex sell for 30-55k with no improvements. President resigned. Manager caught embezzelling.,Board improperly seated , raised dues, What else is new. Think you have problems. KyleB

AnnaD2 (Florida)
Posts: 960

Posted:

Kyle, why don't you start a new topic with what you feel you need to say?

KyleB (Ohio)
Posts: 17

Posted:

Anna , All I have said is true.My only suggestion to anyone buying a condominium is to check it out very thoroughly before you purchase. KyleB

JohnB26 (South Carolina)
Posts: 1,569

Posted:

If you truly 'hate' association living ... sell and move on down the road to happiness.

It is really easy to gripe and complain ... you have the option of changing the HOA for the better (assuming other people share your views) or getting out of the way!

RobertR1 (South Carolina)
Posts: 5,164

Posted:

CharlesW,
Attitude! To title your post I hate association living certainly says a lot for your personally. I am sure you have reason for feeling this way, but your thrust and title indicates you ain't going to be happy living where you are living. I am sorry to hear that.

Does it appear to your your association has two problems. One........the Board is apparently inconsistent, the other is the membership is unhappy.......I can guess part of the reason for that.

So for all to be happy you all have to move or you all have to change. It might take five years but you can do it Charley. It happens......someone has to lite the fire. It is clear from posts on this site, that fire is lite with hope and desire to better the community. It will not be done with hate and bitterness. Maybe you can't lead the parade, but someone can, and you can contribute. You only need two owners to bring about change. Two owners decide to act, each owner brings an owner to the table. I think you said you have 275 members. You don't need 275 members, you need ten members going in the right direction and taking little steps over time.

Ok Charley, so I am full of crap. You got a better idea? You will not step in with a new broom and sweep away your problems. You all are in this for the long haul or you all go down the tubes. You will not get your way, and you will lose a lot of battles, but done right (attitude), you will start to move this apathetic monster, you need a little help and a ton of patience.

I DID NOT make this up, I read about here on this site.

What to do and how to do it?
What to do: You all know better than us.
How to do it: We can help you there by keeping you all out of trouble.

CharlesW1 (Georgia)
Posts: 826

Posted:

Quote:

Posted By JohnB26 on 10/02/2009 1:13 PM
If you truly 'hate' association living ... sell and move on down the road to happiness.

It is really easy to gripe and complain ... you have the option of changing the HOA for the better (assuming other people share your views) or getting out of the way!

JohnB26,
Your post is all that helpful, thanks anyway, if indeed it were that easy! However, if it were. wouldn’t you think those of us that could move, would!? Would I really need advice from people on this forum, too answered that question?

Come’on you’re smarter than that! I’ve resided in this particular HOA since 2003. I’ve been involved in several committees. I was a volunteered board member for two of those years and we accomplished, as a board, a great deal and made our community a much better place for MY family and I. I’ve since resigned, but am still very involved with much of the needs and desires of those who do live in this community.

I have a mortgage (as many of you have). My wife is contractually employed elementary school teacher, so unfortunately, just to “sell and move on down the road”, isn’t practical!

I truly appreciate your helpful insight/criticism, thanks for stating the obvious!

Chuck W

BTW- I thought that the subject would "grab" the attention of the readers and I would in turn receive more suggestions and advice.

Charles E. Wafer Jr.

RickW (Illinois)
Posts: 169

Posted:

Quote:

Posted By CharlesW1 on 10/03/2009 4:14 PM

Charles,
Given this post, I read again your original post...

I'm not sure I have any valuable information as we have not really had this situation within our association. We have had only one who decided to ignore the violation notices and fines assessed. He chose to not pay the fines and we eventually turned his account over to the association attorney for collections. This seems to have helped.

Rick

DonnaS (Tennessee)
Posts: 5,671

Posted:

Charles,

I remember way back when you were a regular poster on this site. You were trying your darndest to get things back on track with your HOA. Then your baby came along?

I sent you ARC guidelines and you were working like a maniac to do good for your community. It sounds like you are tired of beating this horse to death. Am I remembering or suffering senior memory loss?

I'll bet a good dollar that you know what the answers are for this. Unfortunately, the answers are either not in a compatable way for you to use (move) or you just feel tired of not making any headway. Either way, it is your call to handle. I truely sympathize with your plight. Sometimes, people just are jerks. I had a motto when I had my business. It was--"you cannot change people's personalities so either live with them or get rid of them." Mostly, I got rid of them. Spending so many valuable funds of legal matters is just a waste but there are no alternatives in cases of butt heads verses the HOA.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Donna,
I'll be damned, is this really the Charles W of old. I tell you one thing it is a shame that this kind of change could happen. To Charley: I may be out of line, but give this some thought. You were truly an outstanding contributor to this site. No smoke blowing. You had good thought provoking posts and did your homework and I learned a lot from you as I am sure others did also. It may sound crazy but maybe you should consider trying to help some folks here on this site by posting again. We are sparse on regulars and you would be a welcomed addition.

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