covenant enforcement

Started by MikeT8 • 5 replies • 1448 views

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MikeT8 (New Mexico)
Posts: 9

Posted:

I can't get our poa to enforce any of their covenants. If anything the board helps those that violate covenants. The city won't enforce codes because there is a poa. My neighbors use animals and Lawyers as weapons against their neighbors. Is there any way of getting rid of this corrupt poa without costing an arm and a leg so our neighborhood can live in pease?

GlenL (Ohio)
Posts: 5,491

Posted:

The poa no, a do nothing Board yes. Get enough like minded homeowners together and recall the Board. One problem though, you need people willing to step up to sit on the Board and do the job.

Studies show that 5 out of 4 people have problems with fractions

BrianB (California)
Posts: 2,820

Posted:

A ballot.

GlenL (Ohio)
Posts: 5,491

Posted:

You can also enforce them yourself by taking the offenders to court. Although it can be expensive if you win you can request reasonable attorney fees.

Studies show that 5 out of 4 people have problems with fractions

BradP (Kansas)
Posts: 2,640

Posted:

Mike:

I see three options:

1. get on the city's butt about it, even if it is a POA you still live within their municipality and if they have codes on certain things they should in my opinion enforce them.
2. You need to get some folks together you are willing to serve and either wait until elections or organize a recall effort to get a new board.
3. Convince your board that a management company to enforce your covenants would be a wise investment

BeegeeM (Texas)
Posts: 6

Posted:

Quote:

Posted By BradP on 01/30/2012 6:56 AM
Mike:

I see three options:

1. get on the city's butt about it, even if it is a POA you still live within their municipality and if they have codes on certain things they should in my opinion enforce them.
2. You need to get some folks together you are willing to serve and either wait until elections or organize a recall effort to get a new board.
3. Convince your board that a management company to enforce your covenants would be a wise investment

I agree with Brad. As a Code Ranger here in Texas our city codes always trump HOA codes. If you are breaking a city code you will be cited regardless of whether your HOA cites you or not. I wouldn't even mention having a POA/HOA, I would just submit a complaint about the violation.

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