|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
PR
(Ohio)
Posts:2
 |
| 06/23/2008 4:25 PM |
|
Our hoa is 18 years old, has 153 single family homes. The garages of the homes extend over 15' toward the street beyond the home's entry door.
Because of a design flaw, about 42 homes are exempted from storing the trash container in the garage _and out of sight of other lots_. This was done long ago through the archetectural guidelines.
Most of those 42 containers are set in front of the garage along the driveway, a few are set at the front corner of the garage. These are generally on the side opposite the home's entry door.
One exempted owner has his container on the side of the garage with the entry door. It is very visible. It has been there for the entire time. There has never been a violation citation given, and the owner has never been asked to move it. It is impossible for the owner to store it on the other side.
What rights does the board and management company have to ask or demand that the owner now, after years of having it there, to put the container in the garage or the back yard out of sight, saying it is a violation of the ccrs.
What are the owner's rights?
Since he is exempted from the ccr that states that trash containers shall be stored out of sight, can he be required to move them to the back yard?
|
|
|
|
|
SusanW1
(Michigan)
Posts:2176
|
| 06/23/2008 4:29 PM |
|
The problem is that when the "exemption" was granted for these folks, the Board did not give them alternative guidelines, just as mandatory as the CCR it exempted.
Unless the Board passes a Rule and Regulation covering just where these garbage cans should be stored, the man has done nothing wrong.
|
|
|
|
|
KarenS11
(Florida)
Posts:145
|
| 06/23/2008 6:20 PM |
|
| How about changing the docs to require that all trash cans be stored in the garage? |
|
|
|
|
CharlesW1
(Georgia)
Posts:818
|
| 06/25/2008 5:38 AM |
|
PR,
I, as well as other posters, will be able to further assist you, once additional information can be provided. How and why are these 42 single family homes exempted from storing their garbage cans out of sight? Why did your ARC guidelines exempt them of such covenant? What was provided to the homeowners (42) that allowed them NOT to abide by the covenants? That doesn’t make any sense what so ever, to me!
Please post the exact wording that gives some, the opportunity to store their garbage can in front of their garage, while others MUST comply with the original covenants?
In our association, we have a similar situation. Although, not nearly as many as you have noted. We are a community of 275 (single family homes) and all BUT about 20, MUST abide by that very covenant. Their garbage can be observed (corner lots, cul-de-sac lots, or from the hill of an adjacent street) are required to store their garbage can behind the rear of the house. Due to the location of their lot, observation of such violation can be seen from adjacent streets, regardless of where (on the lot) the homeowner put the garbage can, besides in their garage (which I personally wouldn’t recommend). Even though, that would be an option for those who don’t mind the smell. However, I wouldn’t enforce such a thing on ALL homeowners. We excluded or “exempted” these particular homeowners from the “out of sight” restriction, too having the garbage can stored in the back yard. So that potential buyers, casually driving though our community wouldn’t see the can from the front of the home, which could diminish property values, for the entire community!
To my knowledge you CAN/SHOULD enforce the governing documents, which were provided to every lot owner, regardless of how long it hasn’t been enforced. Unless, such provision can be provided to the board, some written rule, which has “exempted” these homeowners from that particular covenant. ALL COVENANTS MUST BE FAIRLY ENFORCED!
After, you have provided additional information, for all of us to read. I’m certain you will receive the advice you are seeking.
Best of luck.
Chuck W
|
|
Charles E. Wafer Jr. |
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|