Architectural Committe..Past unresolved issues coming back!

Started by KathyK4 • 5 replies • 1404 views

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KathyK4 (Washington)
Posts: 4

Posted:

I am a new owner of a property, who has voluntered and been voted in, to be president of the HOA. When we bought the property, we were given no indication that there were any issues in the HOA. Ahhh....but now things are coming to light.

The most pressing issue right now is the ACC-Architectual Control Committee as outlined in the CC&R's. It is documented (which as a prospective buyer was not shared with me) in a "memo" dated 2007 that the ACC duties would be handled by the board as no one wanted to perform the duties of the ACC. My neighbor has built a white vinyl "corral" garden enclosure (1000 sq ft) with post every 16ft (yes had to use steel post now to help keep up fence in wind storm) which was not in place when my purchase offer went in, but was in place when I arrived with my moving van from out of state, in the FRONT YARD...this is not a fence bordering her property, it is in the middle of the steeply sloped yard. We have deer and bunny rabbits, not good for a garden, so a bad chicken wire installation followed, guess what? chicken wire extending 2 ft beyond the vinyl in the grass is not good for a lawn mower, go figure.

Ok so here is the dilema, the owner made no attempt to present plans to the board (oh yeah, has now built a rear/side wood fence without the ACC). The previous board made no attempt to stop any of the building either (past president has a 7ft tall "hedge" as his fence, also never presented to board or ACC for approval...our ACC in CC&R's state "fences, buildings, landscaping") could this be why? So now we have 5 volunteers for the ACC.

How do we go about solving the issue of non-compliance by both the homeowners and the board/ACC? We need help? Any suggestions out there?

We live in Washington State.

JohnO6 (Georgia)
Posts: 424

Posted:

Quote:

Posted By KathyK4 on 08/07/2010 3:54 PM
I am a new owner of a property, who has voluntered and been voted in, to be president of the HOA. When we bought the property, we were given no indication that there were any issues in the HOA. Ahhh....but now things are coming to light.

The most pressing issue right now is the ACC-Architectual Control Committee as outlined in the CC&R's. It is documented (which as a prospective buyer was not shared with me) in a "memo" dated 2007 that the ACC duties would be handled by the board as no one wanted to perform the duties of the ACC. My neighbor has built a white vinyl "corral" garden enclosure (1000 sq ft) with post every 16ft (yes had to use steel post now to help keep up fence in wind storm) which was not in place when my purchase offer went in, but was in place when I arrived with my moving van from out of state, in the FRONT YARD...this is not a fence bordering her property, it is in the middle of the steeply sloped yard. We have deer and bunny rabbits, not good for a garden, so a bad chicken wire installation followed, guess what? chicken wire extending 2 ft beyond the vinyl in the grass is not good for a lawn mower, go figure.

Ok so here is the dilema, the owner made no attempt to present plans to the board (oh yeah, has now built a rear/side wood fence without the ACC). The previous board made no attempt to stop any of the building either (past president has a 7ft tall "hedge" as his fence, also never presented to board or ACC for approval...our ACC in CC&R's state "fences, buildings, landscaping") could this be why? So now we have 5 volunteers for the ACC.

How do we go about solving the issue of non-compliance by both the homeowners and the board/ACC? We need help? Any suggestions out there?

We live in Washington State.

OK Kathy - so file my response in the category of "tough love".

First of all, the idea that some "memo" dated in 2007 provided that ACC duties would be different that what you expected doesn't exactly ring true. Did this memo contradict the deed restricted covenants (CCRs) that you, as a buyer, were provided with as you signed your sales contract? Did you read these documents before you made your purchase, or did you rely on the assurances of the selling agent?

The solution to your problem is actually quite simple. The Board is beholden to enforce the covenants as they exist. If owners made changes that required ACC approval which they did not seek or acquire, those changes are and continue to be in violation of the CCRs. They should be cited for the violation and they must respond by either submitting an application or removing the changes. This same is true for all owners in your community, board members or not.

Step up to the plate. Take it on. Follow the covenants.

It's all the Board can do.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Just make sure that you enforce them on everyone and not just one or two members.

My Association had a similar problem and approached the issue with letters requesting documentation of ACC approval from the member prior to any enforcements. Some had them and provided, some admitted they failed to get permission and some removed the item upon receipt of the letter.

Tim

KathyK4 (Washington)
Posts: 4

Posted:

I did not say that the ACC duties would be different, I said that no one would wanted the duty of being on ACC so the board took on this role. The "board will act as the ACC" was on a meeting minutes memo...not an adendum to CC&R's....does it contradict? no...but it lead to most homeowners (who do not go to the only meeting, once a year) to perceiving that there was NO committee, hence no one to present plans to, and then no enforcement when covenants violated.

I can now see all the records and files here and there is ONE plan for fencing which the then board denied, after the 60 day maximum response time (most do not seem to like the guy, which shoul be no reason for denial), no landscaping, etc plans ever submitted, not one violation noted (there are multiple), no budget proposed, dues have never been raised in 11yrs, yet we pay for the streetlights and have a private street and park, insurance, all of which have gone up in cost, half of the 26 owners are behind in their dues, (100 a YEAR mind you), no fine or penalty fee schedule has been instituted....

I am up to the plate, be it so full...unfortunately I am living here too! can be a tricky deal!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kathy,

Seems like there have been BODs "in name only" over the past years. And, yes, be prepared to make a few enemies if you start doing your job, meaning enforcing the CCRs by sending violation notices and demanding payment of delinquencies. With only 26 homes in your HOA you will have a tough time. I was the treasurer of a small HOA (49 homes) and I certainly know what it's like when all the members know you and some are close friends. You have a job to do and that can be very tough in a small community. My position was if my "friends" could not understand that I had a job to do, which may have meant sending them a violation notice, then they weren't a true friend. But it can be very unpleasant to live in a community where so many people dislike you just because you're doing your job. Think hard about this and if you think you don't want to be faced with these consequences then bow out now.

KathyK4 (Washington)
Posts: 4

Posted:

Thanks for your input, yes in name only for the BOD...even the bank had signatures from 2006...not even current, thankfully one person who was signing the checks was still a valid BOD (until this new election)...the second signature showed as a resigned memeber! MESSY, MESSY... lots of thinking. The enemy issue is begining to rear it's ugly head, but (joking) on the bright side, I guess it means a much shorter holiday card list!

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