What do we do about previous members of the HOA, which are in violation?

Started by CharlesW1 • 4 replies • 1493 views

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CharlesW1 (Georgia)
Posts: 826

Posted:

Good day all,

As many of you may know by now. This is my first year being a board member.
Our violations have been out of control for years. I have been a witness to these violations prior to being a board member and now that I’m a board member, I feel it is my obligation(as a board member) to enforce the CC&Rs and by-laws.
How do I know what was (should have been notified) prior to me being on the board? Do I send out a violation letter to who ever is in violation, regardless of how long it has been? Just for the record? What if I and the other board members won’t approve it and the homeowner must take it down to be in compliance? I know of several homeowners that are in violation, but have been that way for months, some even years. Is it too the boards discretion? Some of these violations look great while others don’t, but never the less they are still violation.
I have read several posts about “grandfathering” Which doesn’t exist!
I’m a bit confused as to where to start. I find it very difficult to enforce the by-laws and CC&Rs when there are so many of members still in violation. The board is aware of several homes that should have never done what they did without an approval from the board. These previous violators should have submitted an ARC request form, and never did! Is this approved by “default?”
I and the other board members want to enforce the by-laws and CC&Rs, but we are not sure we want to open this “can of worms”. I have lived in this sub-division now, for 4 years. I have seen many violations.
I don’t want the board to seem selective in their approvals and non-approvals. What should we do?
Thank you all once again.
Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Charles, if the modification is within the past year I would send a letter to them and ask them to provide a copy of their approval to modify the exterior of their property or approval. For those which are over a year old or did not receive a reply to their request to modify I would not advise trying to enforce. For the others you can request they can submit a belated request form for consideration.

Another approach would be to send a letter to all owners and advise that in the future any owner wishing to make modications to their property must submit the enclosed Request to modify the exterior of property form. If they do not they are liable to having to remove the change and can face a fine as defined in the Declaration Articles _____ & ____ .

NikkiT (Texas)
Posts: 30

Posted:

Charles,
Thanks so much for your question. At a recent meeting of our members about getting "new bylaws and CC&R's, the primary desire of the membership is for the board of directors to enforce the documents that we have now.

The last answer given, I will print out to give to our board. I feel if they can't enforce the documents we now have which give them full authority to enforce compliance, getting "new" ones (which actually just restate the restrictions we currently have) won't be much good either.

I'll be keeing in touch with your column. Thanks again. Nikki T.

BrianB (California)
Posts: 2,820

Posted:

bless you Nikki, for that breath of common sense. If folks won't enforce the old rules, there is little chance they will do better with the new ones.

It sucks to have to clean up other's messes, but charles, your new board should start. Draw a line in the sand, send a notice that on XXX date, the rules will be enforced, period. Also, send notice that reasonable efforts will be made to enforce rules against previous infractions, and do so... reasonably. If someone has a flag up against the rules, have them remove it. If someone poured a third car driveway, leave it be, and note an official exemption in writing in your official papers. Use common sense, but give it a try to clean up the things you can, and leave the things you can't. and enforce them ALL moving forward.

I just want to mentions Nikki's statement once more, in a different context... If a board won't enforce the rules on their own, it is not unusual that hiring a management company is the next step for many HOA's. It is my experience that Vikki's statement is true here too... if the board is too wishy washy or weak to enforce the rules, hiring a management company won't help... The MC can TRY to enforce the rules, but a complaint here or there, some loud whining to the board, and the baord will usually buckle, and renege on the fine/citation/violation. This leaves the MC in limbo, because they cannot "enforce" the rules, only cite them. Without a strong board to back them, a management company is crippled. Ultimately, with or without a MC, it's the board who puts the teeth behind the rules. A weak board with a pitbull MC is still a weak board.

CharlesW1 (Georgia)
Posts: 826

Posted:

I will recommend that we send out a notification this Friday that as of the first of the year all residents looking to modify their homes or property must do so by submitting an ARC request form, if and only if it is approved will they will then have the boards permission to continue with these home improvements. After the first of the year any home found in violation will have to make whatever changes needed to be in compliance of the CC&Rs and by-laws and be subjected to all the expenses that may accrue.

Thank you all for your quick responses.
Chuck W.

Charles E. Wafer Jr.

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