Board Director and her boyfriend's house

Hello,

I am on the Board of Directors and the Architectural Approval Chairperson. We are having an issue with one of our residents removing an architectural detail above his front door without submitting a form to request the change. He removed the detail in 2005 and patched the area with new siding. The new siding does not match his old siding which was installed in 2000. This matter has been brought before the board, for approval or disapproval.

One Board member is the resident's longtime girlfriend, and she believes the Board is picking on him about this issue. We understand why the detail was removed due to leakage, but the Board is at a stalemate because he never requested permission to do the removal. We also understand that it would cost him a lot of money to side the whole house so that it matches, but many other homeowners near his house have commented on how bad it looks. One option to approve was suggested in this form: Approved, but with the stipulation that if he ever plans to sell the house he would have to install new siding. The Board member in question says she is a disinterested board member, and therefore can vote on any issues concerning her boyfriend. She has been the one, not the boyfriend, who has been disputing this issue at meetings and in emails. Anyone else in the community that has had exterior issues have been made to comply with the Board's decision to replace, repair, remove, or rectify the issue, otherwise due process hearings are held, and fines are levied until the homeowner complies.

What do you suggest to resolve this issue? Thank you for your time.

BarbaraM7 - Has the clock stopped ticking on the communication back and forth in the 2 years this issue has been unresolved? I would think there is a statute of limitations issue here, so tread carefully with that in your decision making process. "Approved but with the stipulation that if he ever plans to sell the house he would have to install new siding?" Yeah, good luck with that one. The new homeowners will just get stuck with current situation. You would have to have placed a lien on the house in order to make a claim so the matter is corrected. Seems to me the only way to handle this is to try to encourage the owner to reinstall a new architectural feature similar if not the same as the old one to cover up the siding that doesn't match the rest of the house.

Thank you Gloria. That's what I thought but it has become a real issue. One of the Board members won't show up for meetings because of this issue, and one wanted to resign after the last meeting. Two of the board members approved the removal and patching, because according to them "What if it the same thing happened to one of us, I don't want to have to replace all my siding to take care of a repair/removal." The rest of us felt he should be given an alternative such as replacing the siding if he sells the property. That wasn't acceptable to the others, so the vote was 3 to 3. Can I pass around a Petition of Protest or should we put this out to the whole community as this effects them too?

If the board is requesting that upon sale of the home he would have to correct it, you would need to file it in the County so that it runs with the Deed of the home and when a Title search is performed this recorded instrument would come up running with the Deed.

As for time limits on this 2005 ARC; it would really depend upon the circumstances. Was an ARC ever filed back in 2005? Was it approved or denied? Did he just make this change on his own without even filing an ARC? Was the previous letters to him about this infraction? Without complete knowledge of the situation it is hard foran opinion to be rendered.

Gloria - how can a board or anyone just go to the county and post a stipulation on someone's deed that that person must do a certain thing before they can sell their home? Where is the authority?
I fail to see the logic in requiring him to re-side his entire house WHEN he sells it. That could be years and years from now, meaning everyone has to look at it all that time. What purpose would that serve other than absolve a new owner from this brouhaha? Who would enforce that? The current board at that time might not remember, or even care.
It has been two years, and someone just recently noticed the arch feature was gone?
It probably never occurred to the fellow that he had to ask your permission to fix a leak at his home. He apparently fixed it with the siding available today. One of our homeowners had to replace his garage door recently. They no longer make doors with the same style windows from 10 years ago. So what are we supposed to do? Fine him until he gets one with the correct windows? I have to agree with your two board members who put themselves in his shoes: What if this leak occurred in your home?
This issue is consuming your board? Keeping one member away. Causing another member wanting to resign. It seems to me it is time to cut bait and fish or go home. You've been dragging this on for two years now. I'm not surprised he's finally suing your board. Harold

Barbara,
So he threatens to sue everytime he gets a warning? Let him go ahead with the threat. It sounds like he is all blow and no go. First of all---if he is not the owner of the property so why are you dealing with him? The woman Director is the one that you should be dealing with. If she is not the owner, then why is she on the Board?
Just a question on why he is responding to all of this.

"Approved, but with the stipulation that if he ever plans to sell the house he would have to install new siding. "

I agree with whomever said "good luck with this one."

In the first place, by placing such a 'stipulation' out there, the board is tacitly agreeing that the condition of the "patch" is acceptable. By granting that permission, then they have no standing to enforce at time of sale, especially if the home is not sold for years and years.

I'm curious as to how much of a variance in color there is. We have a "duty to maintain" clause in our CC&Rs. People don't have to get ARC approval to repair damage to their exteriors, but they DO have a duty to maintain, and the materials used in any repairs need to coincide with the original materials as close as possible. Having said that, "as close as possible" is NOT an "exact" measurement and there is a lot of subjective wiggle room there.

I can see why his girlfriend feels he is being singled out if he has had so many notices about other issues over the years. Not that she is CORRECT about that feeling, but it appears to me that this fellow is one of the reasons CC&Rs exist to begin with. MOST people take care of their property in a way so as not to degrade property values of either their own home, or of the homes around them.

This guy, with his partially built fence, overgrown bushes, "weeping" shutter paint, mismatched siding, is clearly one of the ones who isn't all that interested in the curb appeal of his or anyone else's home.

Doesn't mean he still doesn't have to be dinged on by the board, he should be notified whenever he's out of compliance, even if that gives the "impression" of "picking on," it's just an observation I have.

Joe, I had never heard of the ADR. How does that work?

Yep, makes sense. She owns a house, and he also owns a house here, that his son lives in. I made a statement at the meetings to the effect that since she wasn't a disinterested party, she could not vote on the issue. I was told that since she disclosed the fact that he was her live-in boyfriend she could vote, as she wasn't hiding the fact. I don't know what to believe any more. Law school is sounding more and more like a good idea, just to survive everyday life.

Thanks for the help. I'm going to let the President of the Board know that I beleive it is time to try Alternative Dispute Resolution, and let her take it from there.

My statement " He placed the siding with the original siding. " should read:

He replaced the siding with the original siding.

JoeW1, Can vinyl siding be painted?

PaulM,

I agree. It's the fact that the girlfriend is the one who did the walk-around inspection when he first did the work and she didn't write it up, yet she wrote up the old lady with the different style window, and the people with the rusted chimney caps. In your opinion wouldn't you think she would know the rules about submitting a request to have the work done in the first place and the repercussions if it wasn't done properly? She has been on this BOD for 14 years.

I've done the last three walk around inspections by myself because others on the Board claimed they didn't have time and I am the appointed ACC, that's when I noticed the problem with his siding and wrote it up, all three times, and I've been getting flack from it since, especially from the girlfriend on the BOD. Apparently it is my fault that I noticed the discolored siding, and I'm singling him out.

She has sent me multiple emails calling me on the carpet, that I've given to the President of the Board and the MC, she defends the guy at BOD meetings (and the guy doesn't even bother coming to the meeting), she harrassed the siding company that put the siding up in the first place. Why is she the one doing this? To me it's a basic issue of ethics and fairness to all.

I've sent my vote by mail to the MC, stating that the removal of the Architectural Element above his door is APPROVED, but that the already executed repairs need to be redone. I've done extensive research on painting vinyl siding, and it can be done these days according to the experts. The only clause is that painting it will probably void the warranty.

I'm done and will leave it to the remainder of the BOD to decide. I'm ready to move on to bigger issues.

SusanW1, I agree that violations should NOT be PERSONALLY handled by the Board Members. I said this loud and clear at our last meeting, and was shot down by another Board member, and by the Management Company. They told me since every one knows that the owner and Board Member live together she had given full disclosure, and should able to participate in the discussion and vote.

When I did the inspections, I put on the inspection sheet in reference to my home, "PLEASE HAVE ANOTHER BOARD MEMBER or the Management Company CHECK THIS PROPERTY." Do you think I could even get one person to do one house? NO.

Some, but not all of the Board Members, want someone else to do the work, and maybe they will show up for a meeting. We didn't have meetings in June, July, and August. Issues with curb painting didn't come up until September and by the time it was decided to do the painting, it was too late in the season to paint in our area.

Who would we get as a committee?? We have had several no quorum meetings, so the rest of us went home. The community doesn't attend the meetings, even though the meetings are held every 2nd Wednesday of the month at the same place, and announced a month before.

How are we micro-managing? Believe me I have talked to professional contractors on the siding issue, and I've asked for a Dispute Resolution counselor to get involved, but cripes, if the others on the Board won't committ, what am I do but move on to other fires that need put out?

SusanW1, I will pass on your advice at the next Board meeting. Thanks.