Behavior

I don't see much other recourse (fines won't make the kid behave); except to stick your neck out and offer help and understanding!! It's terrible the grandparents are stuck raising a kid out of control (but in my humble opinion they are in control and may not exert it). Anyway....that's a topic for Dr.Phil.

We had a sex-offender (woman) and a drug-traffiker (teenagers) and the best thing to do is call the city for advice first on any city ordinances that might be violated. If the city is aware of a problem (most of the time they are not) then they can help. No one wants these problems in their backyard but it's life! Plus, "immoral activity" can be open to all kinds of interpretation (adultery, porn, pot, etc.??)

I wish you the best. Try to be patient with this family and help as much as possible. You probably agree..the board as minimal as it is has better things to worry about.

You actually have a clause in your documents referring to immoral or unlawful acts? Is the board the judge and jury of what is immoral? The unlawful can be handled by the police. What is your intent and purpose to levy a fine on top of that? Unbelievable. Harold

HaroldS

My point exactly! It is a situation where there are no black and white answers.

I concur, Harold, we don't having anything defining what unlawful or immoral is.

We can fine people for violations (is this one?), but our bylaws are even vague on that count.....it would be a stretch to come up with something on either counts. With a weak board, no one knows how to interpret those provisions.

I guess as Michelle said...."it's life".....it's the world we live in now.

Michelle, just so you don't think we are a callous bunch.....people have been understanding and supportive of this family, but that is now wearing thin.

Joyce - I didn't mean to imply you were callous only asking for MORE patience than is generally called for! Just think, those grandparents are probably really embarrassed. I just can't believe a grandson would disrespect his family so bad - but then corporal punishment is no longer allowed either!!

Just so you'll know that your not the "Lone Ranger" when it comes to this problem.
We had a couple that was taking care of their nephew, (17). He was a convicted crimminal, (burglary), with a juvenile rap sheet a mile long. He broke into several cars in our community. The custodians, our member, had him arrested and he is in jail now for a few years. A sad story where they tried to help him but they refused to allow him to victimize the community. (Your "grand parents" have a way to do this as well...they obviously chose NOT to do anything and allow the community to suffer for the sake of an incorrigible family member.)

Another resident, disabled, (deaf), was going door to door "borrowing money", that he NEVER re-paid to anyone. After speaking with his wife, the problem has stopped, but it went on for several months before it ended. (He is an alcoholic.)

We have some other issues with "behavior" but they all fall into the law enforcement arena. Our BOD will NOT broach ANY of this unless it is covered in the CC&R's and is deemed "appropriate" for the BOD to intervene rather than law enforcement. So far, the cops have been the best route since the violators can be reported without giving names etc.

And to address one last thing that was stated here about HOA's being judge & jury: YES they are! I know that no one likes to think of an HOA in this way, but it is reality, so prepare yourselves!
HOA's are "mini-governments" authorized to form as non-profit organizations. People that join into an HOA community are agreeing to the terms, (laws/rule/CC&R's) of the community. And YES, you DO relinquish some of your "rights" to do whatever, whenever you wish to when you sign the dotted line. You DO HAVE the option of due process and civil action if you can afford it. But anyone attempting this route had better be 100% in compliance with the written agreement they signed or they may have a rude awakening in a civil court...where ANYTHING can, and usually does, happen! ;-)
Remember, civil courts have nothing to do with "justice" and everything to do with who makes the best case and sways the judge and/or jury. And your signature when you joined is the most damning evidence against you in that kind of legal environment. ;-)

Joyce,
Your welcome!

I suffered a heart attack early this year. I must reframe from too much stress in my life so I am not a BOD member, but I do serve on the ARC. Despite the fact that I'm a big guy, 6'2"....I cannot afford to get involved in physical or verbal sparring matches.
I have been asked several times to be the BOD President. I guess they figure that my presence would intimidate people into following the rules....LOL....I do not want to go there!

When we purchased in this community EVERYONE was so warm, friendly and welcomed us and all that followed with house warming gifts etc. We joined in the tradition after we had been here a few months. The developer, whom lives adjacent to our developement but outside of it's plat, owns a few properties still and a couple of rentals. (He bought out a few owners when they moved and he rents the homes now.)
This year he stepped down as BOD President. He had accomplished a lot of good during his tenure, but he also did some things that didn't sit well with most of the residents. Good and bad.
We elected a new board. Went from 3 members to 5 on the BOD. The board members had never served before and the meetings we've had since then have been anything BUT "parlimentary procedure" meetings. They usually end up being a gripe session or a gossip mill. Problems are pointed out but few solutions are formulated. The bottomline to many issues is: "We just don't have the money."
Our HOA fees are zero balance based. In other words there is no "cushion" or emergency fund. The fees are based on what we need to operate with and nothing to spare. When someone is late, or refuses to pay, the fund goes into the red at the end of the year. We were lucky this past year and we have a few hundred left over.
My suggestion to a BOD member last week was to submit and get approved a one time assessment for $50. from all owners and then raise the monthly dues by $5. or $10. to build a fund for emergencies and or attorney costs, storm damage aid etc. We have been threatened to be sued by a few lakeside owners because they have buikt bulkheads and restricted access to the shoreline...NOW they are wanting the HOA to clean up the overgrowth...but there is no access. A catch 22. It could be done with manual labor at a HUGE COST...yet ANOTHER assessment.

All of this to just demonstrate that running an HOA, even one that used to work well, can go to Hell in a hand basket very quickly! Not because of evil intent people, but because without experienced management it just won't work. The suggestion to "run it like a business, not like a card game" is RIGHT ON! If that ruffles some feathers, they are always free to build a nest elsewhere.