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Subject: Defiant Owner Regarding Overnight Parking
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NpB
(Arizona)

Posts:83


11/23/2019 3:56 PM  
Our CC&R'S prohibit overnight street parking. Obviously, not many Board members are going to wake up at 2am and walk the neighborhood to see if a vehicle is parked overnight on the street. An ex-Board member who woke up very early in the morning and used to walk around wanted neighborhood harmony and believed the best way to achieve it was to be soft on rules and selectively enforce them in order not to offend people. Decades of this philosophy have permeated the neighborhood, in spite of people wanting strict rules--just don't enforce them to create harmony. The ex-Board member would leave notes or send emails to the overnight street parking violator reminding them not to park on the street overnight. Obviously with no consequences ($$) the behavior continued.

New Board with new attitude and new management company now wants to run the HOA like a corporation with strict enforcement of rules, not looking the other way and treating everyone equally. This past summer, parking violator received a friendly reminder, then shortly after he received the letter, he parks on the street overnight again. Another letter goes out, with a warning, then behavior ceases until last week. Vehicle is parked overnight for two nights in a row, despite the driveway being empty. Homeowner receives letter with a fine. Homeowner suspects it's me taking the photos, because this past summer he wrote me instructing the Board to focus on bigger stuff instead of overnight street parking.

This homeowner is the bully and defiant type. I have a feeling the behavior will continue, and owner will again park on the street very soon almost as a way to convey a "come and fine me" message. All correspondence is with management company--meaning the letter states "During a recent inspection of the property, the following violation was noted" and it gives the name/email address of manager.

I feel that if I wake up at 2am, walk around the neighborhood and take photos the violator's vehicle and send it to the management company and he keeps getting fined, he might damage my property.

No other Board member wants to wake up at 2am to have a time-stamped documented photograph as evidence. Some Board members leave the property at 6am and see the vehicle parked on the street, but that won't hold up if the owner challenges.
GeorgeS21
(Florida)

Posts:1531


11/23/2019 4:08 PM  
Don’t know your state rules.

I am assuming the roads are private and that is why the association can enforce street parking?

If you can fine, and everything is per legal process, then you will need to cost this guy some bucks before he gets the point.

Regardless, make sure you have followed your docs and state docs, etc.
NpB
(Arizona)

Posts:83


11/23/2019 4:24 PM  
Posted By GeorgeS21 on 11/23/2019 4:08 PM
Don’t know your state rules.

I am assuming the roads are private and that is why the association can enforce street parking?

If you can fine, and everything is per legal process, then you will need to cost this guy some bucks before he gets the point.

Regardless, make sure you have followed your docs and state docs, etc.





Yes, all streets in HOA are private and CC&Rs prohibit overnight street parking. Perhaps the violator knows that it is difficult to HOA's to collect fines.
MarkW18
(Florida)

Posts:304


11/23/2019 4:26 PM  
Posted By NpB on 11/23/2019 3:56 PM
Our CC&R'S prohibit overnight street parking. Obviously, not many Board members are going to wake up at 2am and walk the neighborhood to see if a vehicle is parked overnight on the street. An ex-Board member who woke up very early in the morning and used to walk around wanted neighborhood harmony and believed the best way to achieve it was to be soft on rules and selectively enforce them in order not to offend people. Decades of this philosophy have permeated the neighborhood, in spite of people wanting strict rules--just don't enforce them to create harmony. The ex-Board member would leave notes or send emails to the overnight street parking violator reminding them not to park on the street overnight. Obviously with no consequences ($$) the behavior continued.

New Board with new attitude and new management company now wants to run the HOA like a corporation with strict enforcement of rules, not looking the other way and treating everyone equally. This past summer, parking violator received a friendly reminder, then shortly after he received the letter, he parks on the street overnight again. Another letter goes out, with a warning, then behavior ceases until last week. Vehicle is parked overnight for two nights in a row, despite the driveway being empty. Homeowner receives letter with a fine. Homeowner suspects it's me taking the photos, because this past summer he wrote me instructing the Board to focus on bigger stuff instead of overnight street parking.

This homeowner is the bully and defiant type. I have a feeling the behavior will continue, and owner will again park on the street very soon almost as a way to convey a "come and fine me" message. All correspondence is with management company--meaning the letter states "During a recent inspection of the property, the following violation was noted" and it gives the name/email address of manager.

I feel that if I wake up at 2am, walk around the neighborhood and take photos the violator's vehicle and send it to the management company and he keeps getting fined, he might damage my property.

No other Board member wants to wake up at 2am to have a time-stamped documented photograph as evidence. Some Board members leave the property at 6am and see the vehicle parked on the street, but that won't hold up if the owner challenges.



I am so glad I no longer live in an HOA.
GeorgeS21
(Florida)

Posts:1531


11/23/2019 4:29 PM  
So, Mark, why are you on this site, commenting?

Did you read the purpose of the site?
SheilaJ1
(South Carolina)

Posts:121


11/23/2019 4:52 PM  
Posted By NpB on 11/23/2019 3:56 PM


This homeowner is the bully and defiant type. I have a feeling the behavior will continue, and owner will again park on the street very soon almost as a way to convey a "come and fine me" message.



This is your assumption, are you on the board? If yes, why did you join the board?
MarkW18
(Florida)

Posts:304


11/23/2019 5:36 PM  
Posted By GeorgeS21 on 11/23/2019 4:29 PM
So, Mark, why are you on this site, commenting?

Did you read the purpose of the site?



Actually, Georgie, I have read the rules. Thank you
GeorgeS21
(Florida)

Posts:1531


11/23/2019 5:49 PM  
And, as you understand the purpose and it being a fair and clear purpose, why would you continue to be negative and so directly malign the very concept of HOAs?
NpB
(Arizona)

Posts:83


11/23/2019 6:04 PM  
Posted By SheilaJ1 on 11/23/2019 4:52 PM
Posted By NpB on 11/23/2019 3:56 PM


This homeowner is the bully and defiant type. I have a feeling the behavior will continue, and owner will again park on the street very soon almost as a way to convey a "come and fine me" message.



This is your assumption, are you on the board? If yes, why did you join the board?





Yes, I am on the Board. I have observed and conversed with this owner before and that is my perception of the owner.
MarkW18
(Florida)

Posts:304


11/23/2019 6:07 PM  
Posted By GeorgeS21 on 11/23/2019 5:49 PM
And, as you understand the purpose and it being a fair and clear purpose, why would you continue to be negative and so directly malign the very concept of HOAs?



That's a mouthful Georgie. Malign the concept or the actual reality?
GeorgeS21
(Florida)

Posts:1531


11/23/2019 6:13 PM  
OK, got you categorized. Easy now.

Will try and find each time you do this ... and, ask you to simply abide by the purpose of the site.

I’m certain there are many negative HOA sites on which to engage.
SheilaJ1
(South Carolina)

Posts:121


11/23/2019 6:28 PM  
Posted By NpB on 11/23/2019 6:04 PM
Posted By SheilaJ1 on 11/23/2019 4:52 PM
Posted By NpB on 11/23/2019 3:56 PM


This homeowner is the bully and defiant type. I have a feeling the behavior will continue, and owner will again park on the street very soon almost as a way to convey a "come and fine me" message.



This is your assumption, are you on the board? If yes, why did you join the board?





Yes, I am on the Board. I have observed and conversed with this owner before and that is my perception of the owner.



If they damage your property that is a law matter not a HOA matter. Was this person afforded a hearing to state his/her side of their story and perhaps they are seeing something different in the rules. This is usually where compromises are made.


NpB
(Arizona)

Posts:83


11/23/2019 6:32 PM  
Posted By SheilaJ1 on 11/23/2019 6:28 PM
Posted By NpB on 11/23/2019 6:04 PM
Posted By SheilaJ1 on 11/23/2019 4:52 PM
Posted By NpB on 11/23/2019 3:56 PM


This homeowner is the bully and defiant type. I have a feeling the behavior will continue, and owner will again park on the street very soon almost as a way to convey a "come and fine me" message.



This is your assumption, are you on the board? If yes, why did you join the board?





Yes, I am on the Board. I have observed and conversed with this owner before and that is my perception of the owner.



If they damage your property that is a law matter not a HOA matter. Was this person afforded a hearing to state his/her side of their story and perhaps they are seeing something different in the rules. This is usually where compromises are made.








Owner has never challenged letters received about overnight street parking.
MarkW18
(Florida)

Posts:304


11/23/2019 7:10 PM  
Posted By GeorgeS21 on 11/23/2019 6:13 PM
OK, got you categorized. Easy now.

Will try and find each time you do this ... and, ask you to simply abide by the purpose of the site.

I’m certain there are many negative HOA sites on which to engage.



I'm sure I will keep that in mind.
JohnC46
(South Carolina)

Posts:8911


11/24/2019 7:53 AM  
Posted By GeorgeS21 on 11/23/2019 6:13 PM
OK, got you categorized. Easy now.

Will try and find each time you do this ... and, ask you to simply abide by the purpose of the site.

I’m certain there are many negative HOA sites on which to engage.




Mark is a PIA and does not contribute anything positive.
MarkW18
(Florida)

Posts:304


11/24/2019 8:27 AM  
Posted By JohnC46 on 11/24/2019 7:53 AM
Posted By GeorgeS21 on 11/23/2019 6:13 PM
OK, got you categorized. Easy now.

Will try and find each time you do this ... and, ask you to simply abide by the purpose of the site.

I’m certain there are many negative HOA sites on which to engage.




Mark is a PIA and does not contribute anything positive.



John,

So exactly what positive niceices would you like me to bring to the table here? What has anyone contributed on this topic that was, say, positive. Sorry, this poster also has other issues.

On this topic, I've been a property manager and have written many violations, BUT, I have never gotten up at 2:00 AM to conduct an inspection. Maybe, if you took the time to actually read the post, it says "after decades of this policy". And then a new Board and new management wants to run the community like an corporation? The positive thing to offer the OP is politely tell YOUR community that a new sheriff is in town and things are going to be run differently.

But, John, if it makes you happy, then keep up the sacarism, because like some, I ain't going to lose any sleep over it.
MelissaP1
(Alabama)

Posts:8768


11/24/2019 8:32 AM  
Kind of sounds like Richard but with a new name huh? LOL... Yeah I can't pay much attention to MarkW. Somethings say are just so off the wall...

Former HOA President
MarkW18
(Florida)

Posts:304


11/24/2019 8:41 AM  
Posted By MelissaP1 on 11/24/2019 8:32 AM
Kind of sounds like Richard but with a new name huh? LOL... Yeah I can't pay much attention to MarkW. Somethings say are just so off the wall...



Who's Richard?????
GeorgeS21
(Florida)

Posts:1531


11/24/2019 9:41 AM  
Look, Mark, ya sound smart, but damaged.

There is little reason to seek to damage others who are trying to sort their way through life.

Find a few nice, negative-to-HOA sites, and have at it. They will appreciate your perspectives and you won’t be damaging anyone else.

If you know the rules for this site, but continue to break them, what does that make you?
JohnC46
(South Carolina)

Posts:8911


11/24/2019 10:21 AM  
Posted By GeorgeS21 on 11/24/2019 9:41 AM
Look, Mark, ya sound smart, but damaged.

There is little reason to seek to damage others who are trying to sort their way through life.

Find a few nice, negative-to-HOA sites, and have at it. They will appreciate your perspectives and you won’t be damaging anyone else.

If you know the rules for this site, but continue to break them, what does that make you?




Smart but damaged is a good diagnosis.
MarkW18
(Florida)

Posts:304


11/24/2019 10:37 AM  
Posted By GeorgeS21 on 11/24/2019 9:41 AM
Look, Mark, ya sound smart, but damaged.

There is little reason to seek to damage others who are trying to sort their way through life.

Find a few nice, negative-to-HOA sites, and have at it. They will appreciate your perspectives and you won’t be damaging anyone else.

If you know the rules for this site, but continue to break them, what does that make you?



Yes sir, Doctor George!
TimM11


Posts:324


11/25/2019 9:39 AM  
Posted By NpB on 11/23/2019 3:56 PM

I feel that if I wake up at 2am, walk around the neighborhood and take photos the violator's vehicle and send it to the management company and he keeps getting fined, he might damage my property.

No other Board member wants to wake up at 2am to have a time-stamped documented photograph as evidence. Some Board members leave the property at 6am and see the vehicle parked on the street, but that won't hold up if the owner challenges.




It shouldn't solely be on you to have to enforce this rule. Any way your management company can do it (though I'm guessing not, due to the time)?

If nobody is willing to enforce this rule, perhaps your HOA should just do away with it.
NpB
(Arizona)

Posts:83


12/02/2019 1:17 PM  
Posted By TimM11 on 11/25/2019 9:39 AM
Posted By NpB on 11/23/2019 3:56 PM

I feel that if I wake up at 2am, walk around the neighborhood and take photos the violator's vehicle and send it to the management company and he keeps getting fined, he might damage my property.

No other Board member wants to wake up at 2am to have a time-stamped documented photograph as evidence. Some Board members leave the property at 6am and see the vehicle parked on the street, but that won't hold up if the owner challenges.




It shouldn't solely be on you to have to enforce this rule. Any way your management company can do it (though I'm guessing not, due to the time)?

If nobody is willing to enforce this rule, perhaps your HOA should just do away with it.





Changing the CCRs requires a 2/3rds approval of the membership and most of the people like the policy, but in the past, Board didn't want to call out or are afraid to upset people.
CathyA3
(Ohio)

Posts:555


12/03/2019 6:53 AM  
Posted By NpB on 12/02/2019 1:17 PM
Posted By TimM11 on 11/25/2019 9:39 AM
Posted By NpB on 11/23/2019 3:56 PM

I feel that if I wake up at 2am, walk around the neighborhood and take photos the violator's vehicle and send it to the management company and he keeps getting fined, he might damage my property.

No other Board member wants to wake up at 2am to have a time-stamped documented photograph as evidence. Some Board members leave the property at 6am and see the vehicle parked on the street, but that won't hold up if the owner challenges.




It shouldn't solely be on you to have to enforce this rule. Any way your management company can do it (though I'm guessing not, due to the time)?

If nobody is willing to enforce this rule, perhaps your HOA should just do away with it.





Changing the CCRs requires a 2/3rds approval of the membership and most of the people like the policy, but in the past, Board didn't want to call out or are afraid to upset people.




And there you have life in a nutshell: the bad actors get away with their antics because the majority can't or won't push back. Unfortunately bad actors rarely see the light and thank you for calling them on their actions - quite the opposite, actually. Fact of life.

So... how much does this annoy you? Do the benefits of pushing back outweigh any consequences (ill will, retaliation, etc.)? The answers to these questions will tell you what to do.
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