Quote:
Posted By PatH4 on 11/19/2007 2:15 PM
Chuck W.,
First let me ask what is your legal qualifications since you question the "legal weight" of my post.
I also did NOT even mention my HOA in my post so unless you live here how can you question anything about my HOA. I also have NOT BEEN FINED...I would be interested in you pointing where I said that also.
But I would like to address your position that "your are being fined, without an opportunity to comply to said violation". First it is obvious from your words that your opinion has already been formed by the use of "opportunity to comply to said violation". See you already decided that the homeowner is in violation!
But even with a "hearing", it is NOT a FAIR HEARING.....the homeowner is facing not only the Judge who is unbiased but going before THE COP, THE JUDGE AND THE JURY...all are the Board members!
And to your last statement regarding why there are fines....let me suggest to you, if it is true (and I will assume it is) that the reason for fines is to obtain compliance there is another way. Why doesn't the Board send out an announcement to the WHOLE COMMUNITY informing them that EVERY WEDNESDAY WILL BE COMPLIANCE DAY!
Then every homeowner knows when the COP will be driving by to check on compliance of the documents. Now this gives the homeowner the opportunity to make sure that as of Tuesday night there are NO VIOLATIONS on their property.
What do you think Chuck??? There is your COMPLIANCE...of course, it would cut into that pocket you put VIOLATION MONEY into.
Soon maybe there would be no need to employ a bunch of Gladys Kravitz'
Oh and by the way, my only frustration is in dealing with out of control Kings and Queens who definitely prove that Lord Acton was absolutely correct...
Pat
www.CHORE.us
PatH4
I apologize, for insinuating such a ridiculous notion. I ASS-U-MED you were speaking on behalf of your HOA, thus YOUR fining procedure (or lack thereof), otherwise you shouldnât have provided the âlegal adviceâ that you had.
I HAVE NO âLEGAL QUALIFICATIONâ. I wasnât providing you (anyone else) with LEGAL ADVICE. Youâll need to hire an HOA attorney to provide you with that type of advice. I was doubtful as too your interpretation of the governing documents.
First of all, I DONâT NEED TO BE HOA ATTORNEY TO GIVE MY INTERPRETATION OF YOUR GOVERNING DOCUMENTS!
Your philosophy about âCompliance Dayâ is great in theory, however like many GREAT ideas; it certainly wouldnât be very practical.
I donât believe any board should have to âhold their handâ to achieve compliance. Abiding by the governing documents, CCR&E, By-laws and R/R are what govern our community as they have the âLEGAL WEIGHTâ of which I speak of.
So basically youâre saying you can break the rules as (or until Tuesday?) long as you donât get caught?! HMMMMM, I donât think that would be in the best interest of my community. I will stick to the fining processes that the builder had chosen in a means to achieve compliance within our community.
Thanks anyway for your suggestion.
Best of luck.
Chuck W.