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| Wednesday, January 07, 2009
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| 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. |
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| Author |
Messages |
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JamesC
(Maryland)
Posts:128
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| 11/11/2006 5:25 AM |
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HOA is located in Maryland, comprised of 170 homes.
This past Tuesday, six homeowners were notified to appear before the BOD for unresolved violations.
One of the homeowners sent word she would not be able to attend but, advised the Board her tenant would appear.
I (board member) was unable to attend and received the below email from the MC reporting the results of the hearings.
I will redact the names/addresses and refer to them as HOMEOWNER/TENANT. (BELOW REPORT FROM MC)
(3) Issue Involved---- Homeowner - ADDRESS - complaints from next door neighbor about parking, dogs, trash, feces etc.
Homeowner did not attend but contacted me yesterday to claim that her tenant has been a good tenant for 8 years and it is only since the neighbors moved in next door (about 1 year ago) that there have been these problems. She believes we are harrasing her tenant on the say of the one neighbor.
Her tenant did ask to speak with the Board. We listened to TENANT and it was an emotional outpouring. It would seem that this tenant and the neighbors next door used to be friends and there are issues between them that are personal. The Board considered TENANT's comments and it is their recommendation that due to the personal nature of this apparent feud, the Association recommends that both parties attend a Mediation meeting. TENANT indicated that she and her husband would be willing to do that. The Board does not feel that the Association can do anything with this issue at this time other than to recommend the Mediation.
"NOW MY QUESTION TO THE FORUM::::::::::::
Can/Should the BOD become involved in these personal issues and act as mediators between neighbors on legal grounds and is it really the concern of the board to do more then enforce the CC&R's which are applicable to the homeowner and not a tenant?
From reading many of the post on this site, and others, I have been led to believe the BOD of an HOA has no authority over renters and I think we should butt out of these personal problems between neighbors.
Sorry for the long read, but had to make an understanding of this, as best I could.
Jim:
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RogerB
(Colorado)
Posts:3724
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| 11/11/2006 6:27 AM |
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| James, if the tenant appeared at the Hearing as the representative of the owner the mediation seem appropriate so long as both parties agreed to go to mediation AND understand that the Board will enforce the CC&Rs no matter what the outcome of the mediation is. The Board should consider this from the perspective of violations of restrictions and not as a personal matter between two neighbors. They will ultimately have to make a decision whether or not there is a violation. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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BrianB
(California)
Posts:1748
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| 11/11/2006 7:50 AM |
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i agree with roger... the board may have overstepped its' legal bounds with the mediation thing, but since it was simply a suggestion, i think they are okay (well within the trying to be a good neighbor area). I see nothing wrong with offering advice. It can't be enforced, but it can be offered.
as for the board listening to the tenant: some codes allow an owner to delegate their rights in part or fully to others. In this case, the BOD should accept that the owner has delegated those rights to the tenant for hte purposes of the meeting (via the message given by the owner).
finally, roger is dead on correct: the board should take no actions except those to enforce code violations. Again, good neighbors can advise, but the board should stick to rules of the association for their actual actions. |
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