non enforcement

Missy, you could send a registered letter to the President listing your complaints. Demand the Board discuss the items listed and provide you with a response within a reasonable time frame. If they continue to not enforce violations you can try to call a special members meeting via petition. You will need to specify the purpose - to consider removing each of the Board members after each is given a chance to explain their actions and then to vote on directors to replace those removed for the remainder of their term.
It would be wise to list the date, time, and location of the special meeting on the petition. Otherwise the Board could drag their feet.

Why is a lawsuit the first response?? Gosh, more than likely your board is overwhelmed with life and responsibilties outside of the board! More than likely, you can ask to be a part of the board first! Then you can help with enforcement and violations. Chances are; no one else noticed or doesn't have time to deal with the problem! Secondly, make sure you look at your CC&R's to see if there are consequences in place for the violations you are referring to. If there are no consequences in writing; then your board is left with little to do.

Make sure you know the facts before placing blame. Make sure you are willing to help to get it accomplished. Make sure you are not at fault yourself for something you have done past/present in violation of your cc&r's. It's very easy to point the finger but FEW people will put it into action AND help solve the problem.

I wish you luck with your violation and I am sure your board will appreciate your help!

(I'm chairman of 250+ homes and this exact email comes to me from one particular neighbor on a monthly basis; but sometimes the complainer doesn't know all the facts.)

MichelleD,
Just to claify...
My husband is on the board. He is the VP. He can not get the other board memebers to enforce the covenants. They want to by nice. Which he has tried to explain they are only being nice to the people breaking the rules not the ones next door having to deal daily with the problem.

The covenants are enforacable by a fine of $25 a day per violation. As per our bylaws.

He was tired of the enaction is why he volunteered to be on the board. He is retired has the time, but they are not allowing him to sent the letters as one of the board memebers is a violator. They had mandated that there be a quorum before any letter is sent. Clear cut violations are being ignored after complaints have been made by home owners. Many home owners are upset at the inaction.

I know the facts. I know where to place the blame.

We have 3 committees, beautification, hospitality and neighborhood watch. My family is on all three and I am the head of 2 of the 3 (hospitality and beautification). In sub committees i am in charge of newsletter, community yard sales, babysitting list, welcoming committee, neighbors helping neighbors, local government liason, and my husband a block captain in the neighborhood watch.

I am involved with my neighborhood.

I am part of the solution not the problem. I have never had a violation.

Perhaps you should address your emails in a different tone. Know your facts before you cast stones yourself.

Michelle, your tone was not offensive. You provided sound advise which anyone complaining about their Board or Association should follow IMHO.

Here is one of the major problems. The board has received at least 4 complaints from different homeowners about a resident that is parking 2 or more vechicles in the street. In our CCR's is states that "Vechicles shall not be parked on any subdivision street." My husband (VP) is in charge of violations. He is to document, type up a violation and send (email) it to the 4 other board memebers with a quorum sheet attached for each to vote.

One of the board members husband parks in the street every night. A neighbor of theirs has complained. The board member said she worked it out with the complaintant and they are parking further down so he can get out of his driveway. 3 of the 5 have said not to send out warning letters as to not upset the board member. Thus not responding to residents complaints.

We live in Georgia a "buyer beware state" she said her copy of the CCR's given in 2004 did not include the 2002 amendment which states no parking in the street." so she wrote "Based on this I have had no misgivings about parking on the street in a manner that is not an obstruction to traffic or a safety issue."

On top of that this board member parking in the street has sent a letter to the board that she has contacted her attorney. WE had put "friendly" reminders on cars that were parked illegally parked to remind residents that were noted parking on a regular bases, which included her vechicle that it is against the covenants. She said her lawyer told her the board could get a lawsuit for harassment. That every car in the street would have to have legal action taken(service vechicles, birthday parties, hoa committee meetings...). She also added "We will also have to have neighborhood pet dogs, which bark, removed and put down. I wonder what we should do with neighborhood kids when they are playing too loud outside?"

Our CCR's forbid trailers (boat utility etc)unless not visible from any lot or portion there of. For longer than 48 hours. Our management company had a policy if they could not see it from the road they did not send out a letter unless a neighbor complained. The Board minus my husband that voted against it has now told 2 residents that it is okay if they have them behid the house out of view from the road. One was told in writting.

Our management company has said this is not a good road to go down. This board member is influencing other board members. My husband as a board member does not want to give up, but is concerned that legally he may become liable.

Allowing each property owner to decide which rules to obey and which not to obey is a bad policy. Eventually, there will be no rules and no need for an HOA.

My suggestion is to consult with the HOA lawyer and take appropriate action ASAP. Don't be afraid of a challenge. If you loose, so be it, if you don't take action, you've already lost.