|
|
|
|
|
|
| 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 |
|
MargeL
(Virginia)
Posts:2
 |
| 06/29/2008 11:30 AM |
|
I am the secy of POA in VA. We have a lot owner, who
inherited a lot in our subdivision, but the person lives in another state.
The lot is in deplorable condition, high grass, construction materials, and
other miscellaneous items lying around that are rusted and falling apart. We sent
a letter to this owner asking that the lot be cleaned up and gave the person
30 days to do so and said we would recommend a workman to clean it up or the person could
hire someone of their own choice. The owner asked for the name of the workman, and
subsequently called him and then did not follow up and have the work done.
Thirty days are up and we have sent a letter saying there will be a fine now of $10 a
day until the lot is cleaned up. I think that in VA after three months of fining you have to take some
kind of legal action. Has anyone dealt with this type of problem, and what is the best course of action?
We just want the lot cleaned up. |
|
|
|
|
EllenS1
(Florida)
Posts:353
|
| 06/29/2008 1:12 PM |
|
| I'd contact the City and ask them to take some action. You might say the lot attracts rodents, etc and could pose a health issue. Give them the name and address of the owner. |
|
|
|
|
MargeL
(Virginia)
Posts:2
|
| 06/29/2008 2:20 PM |
|
I'm sorry I forgot to mention that this subdivision is located in a rural recreational area and the
surrounding county is filled with lots that look much worse than this one. We have tried to elicit the county's
help with our non-compliance issues and their ordinances are written so poorly that they can
be easily circumvented. They told us that we can enforce our covenanants more easily than they can get
laws with teeth passed, and that is what we are trying to do, but it does seem that all roads lead to a lawyer's office.
I appreciate your comment, however. |
|
|
|
|
LindaM5
(Texas)
Posts:22
|
| 06/29/2008 7:10 PM |
|
Hi there...I'm not familiar with a POA...but are all lots in your area vacant, or are some with houses and inhabited by humans? Are you located in a "City"? I'm in a small HOA in a small town in Texas...and I have called our city (regarding a vacant lot to the east of us) - and posed the problems of rodents, etc with the high grass. They respond seriously when it's a potential health issue. Maybe that is an alternative avenue for you.
If not...can a POA clean up the lot and then charge that owners' POA account?
|
|
|
|
|
KevinK7
(Florida)
Posts:59
|
| 06/29/2008 7:26 PM |
|
What about County Code Enforcement? They typically take care of issues with yard waste and debris. If you hand the issue over to them, they should be able to take care of it.
I had an issue with yard waste a couple years back and they cited me as in violation and quoted me a price per square foot for yard mowing and debris pickup. It gave a certain amount of time to make the necessary corrections before they would send workers onto my property and forward me the bill. I don't know if its the same in your location, but it may be worth looking into. |
|
|
|
|
KirkW1
(Texas)
Posts:1145
|
| 06/29/2008 8:46 PM |
|
| As unfortunate as it may be, you may have to follow the road to a lawyer. Of course you don't want to do this. But you may be faced with a choice between a lawyer or the poor lot. And if you let this one go, then you could end up with another. |
|
|
|
|
GlenL
(Ohio)
Posts:1375
|
| 06/29/2008 10:34 PM |
|
Marge does your CC&R's or state laws allow fining? If so do you have an enforcement policy in place clearly outlining the steps for non-compliance? From the tone of your post it sounds like you're making it up as you go, not unusual when confronting an issue for the first time. Your CC&R's should tell you what actions you're allowed to take to force this person to comply.
If your documents allow the HOA to correct the violation, if the high grass and construction materials are indeed a violation. I would advise the HOA to first go to court and get a ruling before doing so. In most cases all costs of enforcement action including legal fees and court costs can be passed on the lot owner.
|
|
|
|
|
EllenS1
(Florida)
Posts:353
|
| 06/30/2008 11:34 AM |
|
| Try contacting your councilman or any other politician in charge of your area. They can be very helpful, especially if an election is coming up. |
|
|
|
|
|
| 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.)
|
|