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Subject: Does President have right to ask an Arc approved resident hired contract to leave job?
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Author Messages
LeeF4
(Florida)

Posts:5


11/15/2019 6:18 AM  
Does the hoa president have the power to talk (really harrass) a resident hired and Arc approved contractor. He came to the owners property telling the contractor how to do their job and that they can't use the bobcat on the recently sealed roads. The roads were sealed recently, but notice that was sent is that once the road barriers were down they are safe to use.
1 Does he have to power to ask a contractor to leave, should he have talked to the homeowner (which was home), or went through the management company, although there was no real problem with the contractor.

Homeowner has to pay to have contractor come back, homeowner has evidence of what unfolded with their surveillance, homeowner is furious.

Any advice? What should the homeowner do, the president is somewhat rogue and is very Intrusive and is known to do this.
LeeF4
(Florida)

Posts:5


11/15/2019 6:20 AM  
We are in Florida
JohnC46
(South Carolina)

Posts:8867


11/15/2019 6:21 AM  
Were I the owner, I would slap restraining order on the President. That said, this is not BOD issue. It is between the President and the owner.
CathyA3
(Ohio)

Posts:526


11/15/2019 6:44 AM  
On his own, the President doesn't speak for the board and doesn't have the right to interfere.

The only thing that caught my eye was the bobcat and recently sealed roads, and the President may have a legitimate concern. Bobcats and other heavy construction vehicles may be OK on commercial grade roads that are designed for heavy traffic, but I assume that your roads are designed for residential traffic. Heavy vehicles can beat the dickens out of residential streets, and if I were a homeowner, I would not be happy if my assessment was increased because of damages caused by another homeowner.
GeorgeS21
(Florida)

Posts:1469


11/15/2019 7:48 AM  
Mixture of two things, here.

1. P, BoD involvement in approved, private construction matter.
2. P, BoD stopping damaging activities to what I am presuming to be HOA owned roads.

Item 1, bad.

Item 2, good.

If I were the president, I would insist the ARC immediately do their job. I would notify ARC and Board in writing, as well as the property owner, of the damage being done, and possible cures for the activity, including the property owner paying to redcoat the area of roads damaged.

I would also call Board meeting, with required notice, to address the issue.
LeeF4
(Florida)

Posts:5


11/15/2019 10:27 AM  
I would also like to add that the ARC approved a pool be put in. The use of machinery for such was taken in consideration, not sure if that makes a difference. The approval was signed before the road sealing project began.
LeeF4
(Florida)

Posts:5


11/15/2019 10:28 AM  
One more thing, there was no damage. He forbid them to even do their project
MelissaP1
(Alabama)

Posts:8753


11/15/2019 2:38 PM  
The board does trump the ARC. So was the board itself aware of the intention of the project and/or timing? Something tells me that there wasn't a "closed loop" communication here. The HOA President could stop a project like this if it hadn't gone through the full process.

We don't know the timing of the ARC approval and the Board final stamp on the project. I've had to stop a project before because didn't get fully vetted or approved by our board. Unfortunate for the owner but one doesn't ask for forgiveness in a HOA but permission.

Former HOA President
LeeF4
(Florida)

Posts:5


11/16/2019 4:25 AM  
The project was approved in August, situation happened this week. Conveniently, the president is also on the arc board. He was out driving in the neighborhood tending to other things, and decided to do this.
NpS
(Pennsylvania)

Posts:3910


11/16/2019 7:14 AM  
The ARC approval works in 2 directions:
- It authorizes you and your contractor to do the work approved.
- It relieves you of interference on the approved project - The BOD can't take back an approval except in extraordinary situations.

I can see where Prez saw something being damaged, and asking the contractor to stop until he spoke with you - which should have been done right away.

Prez is not a party to the contract between you and your contractor. Prez should only be talking to you, except to request a brief delay.

It doesn't matter if Prez had the actual authority or not. As soon as Prez told your contractor that he was a BOD member (which I'm sure he did), your contractor had every right to assume that Prez had the authority (technical term is implied authority).

In your shoes, I would have the contractor make up a separate invoice for the additional cost associated with the stoppage. I would pay it. I would then demand payment from the HOA, from the Prez personally, and from the other BOD members personally (for not reigning in the Prez). I would be willing to go to small claims court to recover.

Sikubali jukumu. Read all posts at your own risk.
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Forums > Homeowner Association > HOA Discussions > Does President have right to ask an Arc approved resident hired contract to leave job?



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