Homeowner Ignoring HOA

At this point, I don't know why it's not the HOA attorney communicating with this homeowner and informing him of pending litigation.

Most of the people in my development who purposefully violate the covenants and then claim, when notified of the violation, that their builder told them that they didn't have to pay attention to deed restrictions because they can't be enforced. That HOAs are nothing more than paper tigers.

So when HOAs simply send out letter after letter and take no further action, heck, I wouldn't comply either. What's the penalty? Having to throw away annoying letters from time to time?

And don't muddy the collection issue with the violation issues.

If the shed is in violation, he should receive a notice requesting its removal within XX number of days.

If the shed is not removed within that XX number of days, regardless of whether he's paid or not, the attorney sends the letter informing him of the complaint to be filed to compel compliance.

Peny,

IMO, what you describe is the typical "deadbeat" who usually is also a chronic CCR violator. If the assessments are to be paid annually, the 2009 assessments are now around 10 mos past due and definitely should have been turned over to an attorney for collection. Seems to me the board isn't following an adopted collection policy -- do they even have one?

Regarding the CCR violations, I'm wondering why approval of the shed would hedge on the fact that they are delinquent. One has nothing to do with the other. Even if a member fails to get prior approval for an improvement, it doesn't matter as long as the item would have been approved anyhow. If not, that's a horse of a different color. Perhaps the board should adopt a rule stating a particular amount shall be assessed if prior approval is not asked for. My assn can impose a fine of $1,000 at the discretion of the BOD.

I have to admit, I don't know how to reply to this!

I am teetering on whether this is offensive or just an "oppsy."

Mary, I believe this HOA is already dealing with the delinquencies constructively.

PenyW: They haven't paid their 2009 annual dues, and are now being sued for those dues, late fees, and legal fees -

Our covenants give us the ability to require that any unapproved construction be removed.

Whether the shed would have been approved or not is moot.

On the other hand, we would actually fine the violation first, requesting that an approval for the project be sought (in accordance with our ARC form), and, if the request is not filed, the shed comes down.

Once we get the form, if there is any part that needs to be corrected or is not within our specifications, we can request the owner make the correction to bring the project in line with specifications, or it will be removed.

We've yet to have to actually make good on our litigation threat, because each times this has happened (and it has been very few, maybe 2 or 3 times in 12 years), the homeowner ultimately complies and pays the fine, submits the form, and fixes the out-of-specification state.

I dunno, Susan, in all the posts I've ever read on here, I've never seen anyone ask that before.

There was no indication from the original post that there was any confusion on communications.

It just seemed like a very weird thing to ask out of the blue.

Thanks for all of the insight. The Homeowner's account has been turned over to our HOA for collection (that happened in June) and litigation is ongoing. The shed issue is just one more volley from these people. There is no communication issue here - just a total disregard for the Association.

Realting to why the shed approval would be related to the dues problem - it has been the policy of the HOA Board that architectural requests are not approved for members who are delinquent with dues, fines, or other monies owed to the Association. Sometimes it gets a delinquent Homeowner to pay before any legal action is required. Obviously in this case it's not motivating the Homeowner.

I believe that this issue will need to be handled by our attorney. Perhaps the offending party will get tired of dealing with legal fees, court appearances, etc and decide it would be in their best interest to just move to a community without an HOA.

Peny,

Your BOD cannot just make up rules as they see fit. Unless your gov docs state ACC requests cannot be honored if a member is delinquent in assessments, the board cannot just make up this rule. Unless the BOD has adopted a rule to fine a member who fails to obtain prior approval for ACC modifications, for get about the shed unless it would not have been approved because of legal ACC rules; i.e., shed type, siding color, set back requirements, type of roof, etc.

Michele,

The shed is a "slippery slope" and the board must be very careful in how they proceed. I understand what you are saying and agree the h/o should have to go through the approval process. But, if they don't and the HOA informs them that it must come down, the HOA could be in for a lawsuit that they just may lose. There was a case with the AZ OAH awhile back that the HOA lost for that very reason. The HOA cannot deny an ACC modification simply because the member failed to obtain prior approval. So if the HOA is going to deny the request (mainly because of lack of prior approval) it might behoove them to find another reason. This might sound underhanded; but might be the only way to deal with a member who doesn't want to abide by the rules.

I also agree with the penalty for not obtaining prior approval. My motto has always been; when in doubt either ask or just send in a request.

A funny story. . .

My ex-daughter-in-law just bought a home in an HOA. My 11-year old grandson said to me, "We have an HOA". I asked if he knew what that meant. And he said, "Yeah, it means you have to keep your yard looking nice!" Nothing like educating the young!