Board Member and Deed Restictions > HOA Forum

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Board Member and Deed Restictions

Prev Next

You are not authorized to post a reply.

Author

Messages

AudreyB
(Florida)

Posts:104

04/08/2006 9:02 AM
Hi Everyone, I live in a Deed Resticted area in Florida. A Board Member is refusing to abide by one Deed Restriction. This restriction requries all homeowner's to put their oversized green garbage on wheels (HOBO) that is put at the curb for trash picks, to be kept in the garage or behind a fence. This Board Member keeps his hobo in his front yard. Either way, it is not supposed to be exposed at any time except trash days, and even then, taken from the curb in a timely manner, and not left at the curb for days. Before anyone buys a home here, as this particular Board Member did, we signed an agreement before closing that we would abide by all the deed restrictions. This particular Board Member did keep his green Hobo, recycling bend, and garbage for lawn clippings,behind his fence until he got on the Board as the Vice President in 2004. Today, he is no longer the VP and is a two year Board Member now, and still does not comply with this deed restiction. The President has been advised of this situation several times to no avail. A neighbor recently told me they sent pictures as proof along with a letter to the President about this subject, in which they told me they wrote her something to the effect that,if this Board Member continues to not cooperate, he is to be fined and kicked off the Board for not following ALL the deed restrictions. Their letter and pictures is ignored by the President and the Board Member, who has been informed about their letter, and pictures, has now included his recycle bend, and his put his gray w/o cover for grass, tree, bush, clipings by the green hobo which he places in his front yard on the property line to him and his next door neighbors yard, which the Deed Restriction also states not to do. The President has on more than one occasion placed this deed restricton in our monthly newsletter, and she does nothing to tell this Board Member to comply with all the deed restrictions or be fined and fired off the Board. The problem is, this Board Member has set a bad example for the other homeowners who have been in the habit of keeping their hobo either in their garage or behind their fences. Several of the neighbors in this Board Members neighborhood have also followed suite and have been in the habit of leaving their hobo in their front yard. Any ideas as to how to get the President to do her job, and get this Board Member and the other homeowner's to comply with all the Deed Restictions, as I do? Thank you everyone, Audrey

HaroldS
(Arizona)

Posts:904

04/08/2006 9:52 AM
Audrey - Not as uncommon an issue as you might think. This guy seems to be flaunting his arrogance. But is your board citing and fining residents for other violations? Or are they ignoring all violations? If others are being cited and fined for anything, take them to court. Harold

RogerB
(Colorado)

Posts:3656

04/08/2006 12:33 PM
I would send a registered letter to the Board, attention: President of ____ HOA. I would state that I purchased property in this convenant controlled community and expect the board to enforce the covenants. List violations with time dated photo documentation if available. Demand the Board correct these known violations. Advise the board that failure to do so makes those who chose to ignore their fiduciary responsibility liable. And you will considered filing a law suit against those who decide not to comply. It is possible those individual board members may have to reimburse your legal fees and pay theirs out of their own pockets. Do you have a managing agent? If so this should not be happening and the procedure would be different.

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

EdR
(Texas)

Posts:170

04/08/2006 12:46 PM
RogerB: Please tell me how this procedure can be different if there is a managing agent? Isn't the board responsible no matter what? For instance, right now our board has two directors, at least in violation of covenants--one's grass is totally dead all over his yard--it's yellow and all around are green lawns; the other director has a son (about 12 years old) who continuously fires off fireworks (not aerial) in their front or side yard (I can see and hear it) and our signs state when you enter the assn. property: "Deed Restrictions Strictly Enforced; No Fireworks; No Soliciting". Doesn't this make it a rule and regulation and shouldn't directors be abiding them? So what do you do. There are many problems with the other directors, but not that you can prove--like one just installed an 8-ft. fence, but the director with the dead grass is ACC Chairperson, so not likely he got approval--do you see the problem? EdR

EdR
(Texas)

Posts:170

04/08/2006 12:46 PM
RogerB: Please tell me how this procedure can be different if there is a managing agent? Isn't the board responsible no matter what? For instance, right now our board has two directors, at least in violation of covenants--one's grass is totally dead all over his yard--it's yellow and all around are green lawns; the other director has a son (about 12 years old) who continuously fires off fireworks (not aerial) in their front or side yard (I can see and hear it) and our signs state when you enter the assn. property: "Deed Restrictions Strictly Enforced; No Fireworks; No Soliciting". Doesn't this make it a rule and regulation and shouldn't directors be abiding them? So what do you do. There are many problems with the other directors, but not that you can prove--like one just installed an 8-ft. fence, but the director with the dead grass is ACC Chairperson, so not likely he got approval--do you see the problem? EdR

RogerB
(Colorado)

Posts:3656

04/08/2006 7:25 PM
Ed, the board is ultimately responsible. However, usually the managing agent is responsible for monitoring for violations and issuing violation notices. Therefore, if there is a managing agent the complaint should be reported to them and request they take appropriate action. It doesn't matter what position the homeowner may hold on a committee or the board. Every homeowner must be held accountable. I have issued violation notices to Presidents of the HOAs As far as the ACC, no ACC member should ever be allowed to approve their own request. Since all incorporated HOAs must allow members to view the files, you can request to see the copy of the ACC approvals as well as copies of all violation notices. Appropriate actions can be taken for any failures to comply by an owner who feels strongly about it.

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

WilliamW
(Florida)

Posts:11

04/12/2006 8:21 PM
Owner's can recall board members. Talk to your neighbors and recall these bad actors and replace them with yourself and others that are willing to obey all of the rules. If you and your neighbors are not willing to serve on the board then you will have to hire an attorney and go to court. The best solution is to recall these foul balls. William W.

CalvinU
(South Carolina)

Posts:5

04/28/2006 2:42 PM
IF the board member is 'disabled' making it very difficult for him to comply with the requirement to take the hobo to the back, THEN it may be a 'reasonable accommodation' to let him leave it closer to the curb. Be sure to evaluate all the circumstances before the standoff escalates.

JulieS
(Georgia)

Posts:412

04/28/2006 3:18 PM
Board member or not, a violation is just that. Send a letter, send a fine letter, then start fining them. As for removal of the board...been there and done that...it cost the homeowner association over $3,000. Too much to spend over a trash can. Go for the fine and then lien if not paid, assuming your docs and the law allows.

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Board Member and Deed Restictions

ActiveForums 3.6