Covenants

We all sign the covenants when we buy and even if we don't we are covered under our Documents.

Question: Would it carry any legal weight if a homeower demanded that the Board follow the covenamts. Not anything complcated or Board discresion or good business ruling but a straight out sentence in the documents that simply state that the Board will take one specific action.

Can you then go to the Association lawyer and ask the question. I am not talking about the board taking with the attorney and advising you of his interpertation, a written response would have to be provided? In other words, if we can afford to hire a lawyer for the board that previledge should extend to the owners. The violated clause would have to be simple, direct and specific as written in the documents

Whoops,
I must not have made my point clear. If a homeowner can demostrate by the documents that there is a directive in the documents that requires the board to take a specific action and the board responds in such a way that ignores the legal document. If the Board says "I will check with arrorney and the member is never responded to with a written justification for ignoring the requirement, this is wrong and make the subject the lawyers opinion, and the issue is never addressed.

Take your Board at a meeting. A member points out to the board that they are not following a specific requirment. They agree the requirement is there but either refuse to take action or declare they don't have to do it. The owner presses the point and the Board says they will ask the lawyers advice. At that point I believe the board should then allow the owner to visit the lawyer or let the Board pay for advice of another lawyer. Now, just suppose the member asking this question is a past member of the Board, he knew of this infraction when he was on the board but was never able to get it to the table.

The whole point here, to me, this ploy of Boards declaring the lawyer said this or the lawyer said that and no written report is made to the owner. He has an absolute right to have a legimate questioned answered and if the Board has to seek leagl advice, he is directly a part of the Board by asking the question, it is, after all, his question.

Robert,
I guess that I missed responding to part of your question. Any time that we consult our attorney about a homeowner or enforcement issue, he does write it on paper and it is faxed or sent by mail. Any guideance that he gives as I said, is $250.00 per hour and hearsay is not good enough as all time that we spend with him has the cash clock running and that must be filed under legal expenses for the budget bookeeping. So, NO, any corespondence with him goes to a paper trail.

Donna,
I think I know a little how you think and it is just too bad that all HOAs don't have a mover and shaker like you. You know you are right because you can see the forest thru the trees. This lawyer business you just described would be cause for a mass report to 911 to mobilize all the first responders in this end of the county. The board would be passed out all over the place, and you wouldn't be able to talk to all the defibulators running. Did you ever have to look at a board member when you stand up in a meeting and ask what advice the lawyer gave. If I got my stories straight, even the lawyer would not agree to put his answer in writing.
And that's the truffth as Lilly Tomlin used to say on Laugh in. I am not talking about a bunch of bad actors on our board but I am at a lose when they come up with some of this stuff.

I also agree with your last sentence in particular.

SusanW,
About a million times. I have asked the Board so much I don't think they hear me anymore. My board and I have a standing agreement I think.
Our condo is on the coast of SC. We have about 65 units which are mostly rentals (around 75%) For years and years we have had all board members absentee owners. They done think I have any talent for knowing what is going on, although I am her 24/7 and they are here a couple weeks a year. We have fought for years and it's a long story but so far neither side has gone to jail. All these folks are not bad guys, they try hard but in my opinion don't do the job the way it should be done or understand how the place works. I take little bites at them over a long period of time. They know I have the interests of the place at heart and also recognize I am still there and they will have to deal with me. I win some, lose some and it I could just give them a serious attitude adjustment we could do the job better. They are not here to defend themselves so I don't want to beat them up too bad. Over the years, they have done some good stuff, but understanding the way to communicate or becoming a student of the Laws and rules, and reasons of our Condominium is not going to happen. They don't live here, that is a big difference. You are right, there is an enforcement problem and "it is them."

Donna,
Thanks for your reply. Your evaluation of the situation is pretty much on line but it ebbs and flows all the time. As you know you do not live in a static association. There are things pinging on us all most of the time. Those that are absentee owners just don't get it, plain and simpple. They don't walk out the door and see it every day. No only the aggrevating stuff but all the good stuff also. Maybe it is them not seeing the good stuff that sets there attitude more than not seeing the bad. I am an old pro now in dealing with all this and can find satisfaction in what good I have done over the years and I am glad to say I did no harm.

You bring up a very illuminating issue. We should talk more about it, maybe make it a separate topic. I am referring to your reference about your resident lawyers having such divergent opinions. This really speaks well for the people that are doing all the work for the HOA's and maybe says a lot about the value of playing the lawyer card to solve a problem, by the board and by the members, Seems to indicate we can get together and iron out differences without paying a lawyer. Not a hard and fast rule but when you think of it, nearly all our problems are settled by folks talking them through. Well, it rang some bells and just thought I would mention it. I enjoy your posts because I believe I will read good advice and accurate statements.