Threatening Situation

I'm the VP in our association,and for the last 4 months,we've been dealing with a renter who refuses to remove his semi truck from the subdivision. It is against our CC&Rs and he's been keeping it in his driveway.We now have a second one that has moved in two doors away from him and has already said he's not moving his. I've talked to the owners of the properties,and the first one has also been sent a certified letter from our association as well as the property owner giving him 30 days to get the truck out of here.I have never met this person,but today he introduced himself while I was on my front porch.He said he heard I had a problem with him and his truck,and nothing or nobody was going to make him move such an exspensive vehicle.I wanted to tell him it was our HOA and it is against our CC&Rs,but I don't think he would care or understand.He's on my street,and I've had neighbors complain about it,but this guy thinks I'm on my own here. We are trying to enforce our rules,and it has been rough.This guy was very angry and was still yelling at me untill he crossed the street.I did feel a little threatend by his actions.I don't believe this will be the end of my confrontation with him.I will have our attorney handle it from her end,but I have a feeling he's going to make it very unpleasent for me if he can.I made the mistake of filling out the info for the certified letter with my name and address rather than using the HOA POBOX,I will not do that again. Anyway, I just wanted to share that,and anyone who has any feedback for me,please feel free.PattyB1

Patty, this is a common reaction by many owners when told they are in violation of a restriction. It is one of the reasons to hire a Management Company. We act as a neutral third party and have experience dealing with threatening homeowners.

I had to learn my lesson on this. In our case, if the vehicle is not to be there and it has clearly and properly been communcated, the HOA has the right to tow the vehicle - even a cement truck. We initially tag the vehicle, reminding them in a friendly way of the CCR's. If activety is continued, a stronger notice is attached to vehicle spelling out the time (usually 3 days) and consequince (tow) and there is a letter sent to the homeowner. By the third day without change, a FINAL NOTICE is attached to the vehicle and a house door indicating a TOW will take place 24 hours if vehicle is not moved and a phone call is placed to the homeowner. Still there at 24 hours - tow truck is called. We have done this consistantly so people know.

I am working on board suggested operating procedures (SOP) created by the board members, for the board members, altered by the majority board to keep everyone handling things typically uniformly. They are not part of the bi-laws or CCR's but are liquid and serve as a reference to present and future board members.

Regarding complaints :

1. A specific complaint comes to board member or manangement company from a homeowner. That complaint, regardless of size needs to be heard by management company as well as by board at least by the next meeting based upon urgency.

2. Board member may investigate (take pictures or records) but not confront.
Managment company may ask the a board member to investigate the issues for convenience.

While investigating, if board member is confronted, communicate with occupant:
a) I am on the board and I have been asked to investigate a complaint received by management from a homeowner.
b)The information will be looked at by the management company and if there is a ligitimate issue, you will here from them by letter and if urgent by phone. c)If you dispute the issue you can appear before the board of directors at the next homeowners meeting to state your case.
d) The board along with the mananger will make a decision based upon your community documents as well as reviewing past and the present situation.

3. Information is sent to management company.
a) Management company reviews information and determines appropriate response.

4. Management company sends letter to homeowner indicating complaint to the homeowner with corrective action required.

5. Homeowners sends to renter.

The management company is there to protect the homeowners both on the board and off the board.

A Management company carries out the daily business of the HOA, provides research (professional vendor opinions, bids and additional info) to help the Board make decisions, in many cases provides bookkeeping support. We are the buffer between the Board volunteers and the homeowners. The Board makes the decisions and signs the checks and oversees what the manager is doing (developes action items lists and monitors the list for follow through).