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Subject: How do you solve a problem like Maria??
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Author Messages
LetA
(Nevada)

Posts:818


11/01/2019 5:38 AM  

We have one particular rental in our HOA that seems to be another problem child. It seems like every week they have one violation after another. Either its a mattress propped up against the block wall or just an accumulation of trash in the driveway in front of the house. Our PM tells us that they get a violation letter and then they are given the chance to rectify the violation thus canceling out any monetary fine.

This seems to be ongoing because it happens again and again and again. Personally I want to call this homeowner into a hearing and lay down the law with them, but if the clock starts, stops and resets with infraction we keep getting nowhere.

What can we do to get the owner to stop this madness, It has gone so far out of control that one owner has put their house up for sale because of the sketchy renters and the crowd they bring in.
SueW6
(Michigan)

Posts:608


11/01/2019 5:50 AM  
Chronic violations? Yes, someone on the Board needs to have a one on one discussion as to why this is going on. Special needs adult renters? Elderly? Teens? Something’s going on.
TimM11


Posts:314


11/01/2019 6:17 AM  
If any of their actions are violating a city or county code, you could try reporting them to the relevant authorities.
SheliaH
(Indiana)

Posts:2749


11/01/2019 6:20 AM  
I agree with the idea of having a sit-down with the owner, but first, has anyone gone to the tenants, introduced themselves and educated them on the rules (in a nice way?) Sometimes people don't realize their behavior is annoying but will straighten out when they're enlightened. At the same time, it may be some people are biased against them simply because they rent and don't bother to act as good neighbors, welcoming them to the neighborhood and trying to be friendly.

As for the owner, set some priorities as to what's more problematic. For example, trash can be a problem because it's ugly, can blow on other people's property and attract vermin. Have there been issues with parking, noise and other things that may you give the stink eye to the house every time you look at it? Concentrate on the behaviors, not the fact that they're renters and give the homeowners SPECIFIC examples (dates, times, etc.) If you have time and date-stamped photos, that's even better, along with witnesses. If the people living next door to or across from these people are that annoyed, they should be adult enough to say what they think to the owner's face (in a calm manner without cussing) instead of expecting the board to do the dirty work.

JohnC46
(South Carolina)

Posts:8827


11/01/2019 10:06 AM  
Leta

Our fining schedule says if the violation occurs again, it will be treated as a 2nd violation and appropriate action will be taken. In the example you listed, fine for "yard trash" and the next violation is a 2nd one and so forth. Get the fines accumulating.
MarkM19
(Texas)

Posts:448


11/01/2019 10:53 AM  
Only thing I would add is I would advise that 1 board member not meet this owner alone. This should be a team meeting. I would hate for this to get worse because they twist the words of a single board member. If the entire board does not want to take on this executive session meeting it should definitely be more than 1 individual.

When ever I talk to homeowners about issues I always start by saying I am not speaking on behalf of the board. I am giving you the opinion of 1 board member and I am only 20% of the board voting powers.
MelissaP1
(Alabama)

Posts:8711


11/01/2019 2:41 PM  
The HOA can NOT fine the renter. They can only fine the homeowner. The owner is responsible for their tenant's behavior. They also probably did not put in their lease agreement that the tenant to follow the HOA rules or be evicted. So there is that factor that plays in with the owner. They can't evict a tenant if they violate HOA's rules IF not written in the lease. Plus it's their property, they should be taking care of it.

Don't know why the board hasn't just gone straight to the owner in the first place. They should know as they are responsible party.

Former HOA President
LetA
(Nevada)

Posts:818


11/01/2019 5:13 PM  
We did call them to a hearing, but because the violation was corrected, the fine and hearing was cancelled.If it was up to me, I wouldn't cancel the fine, I would let the fine stand.

And Yes, I feel some dysfunctional on the board I know I care, I feel I ask our PM the right questions but get shot down
GenoS
(Florida)

Posts:3328


11/01/2019 6:25 PM  
I like JohnC46's approach. Treat a second violation for the same thing within some time frame (30, 60, 90 days, whatever) as a second violation even if the first violation was "cured" before a fine was issued.
LetA
(Nevada)

Posts:818


11/02/2019 6:13 AM  
Posted By GenoS on 11/01/2019 6:25 PM
I like JohnC46's approach. Treat a second violation for the same thing within some time frame (30, 60, 90 days, whatever) as a second violation even if the first violation was "cured" before a fine was issued.





That has been my recommendation to the PM, right now just stuck on hold.
GeorgeS21
(Florida)

Posts:1373


11/02/2019 6:25 AM  
My POA uses the same approach.

If a Stage 1 violation is noted, then resolved, it goes into a 180 day period with the ability to escalate to Stage 2 (or Stage 2 to Stage 3) without restarting the process.

Violations and process uses SmartWebs to track, archive and manage.
Stage 1 is courtesy notice
Stage 2 is formal notice
Stage 3 is fine notice
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