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BrianL
(Maryland)
Posts:23
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| 12/21/2007 9:41 AM |
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Merita,
Wow we might be the same person in alternate dimensions. I went through a similar experience a few years ago. We moved into a SFH community with a self run HOA in 2000. In the first couple years we went to the meetings and watched while 2 owners whined and complained about minor infractions of a single owner who they didnt like. Then I made a big mistake and volunteered to serve as President of the BOD. Well literally 1 week into my term a zoning notice was posted in the neighborhood. The chief complainer had applied for a zoning variance so he could add an addition to his home that would more than double the size. Did he notify the HOA? Did he apply for permission? Oh, of course not. He didnt have to follow the rules, he only had to enforce them on everyone else when he was on the board. Turned out there were all sorts of serious violations that he and his cronies allowed for themselves.
I didnt mean to hijack this thread but I wanted to illustrate that self-run HOAs can be a complete nightmare. Gloria, I respect your opinion and your answer is the way things SHOULD happen but it is my experience in 2 HOAs that it doesnt always happen the right way. What happens if Merita applies to the AC and it is denied? What if she removes it first and has it denied again? She cant have her wall while others do what they want? Who can she appeal to? Will she have to spend $$ on lawyers to get what is her right and is allowed under the rules? The bottom line may be that the only one who will stick up for Merita's rights is Merita, not the HOA. What happens in my HOA now is rotating harassment. One BOD harasses one set of owners until they get elected then they harass right back. Fortunately we have no money so all threats are meaningless.
Here is what I did when I was accused of a violation by the chief complainer in response to my having the gall to ask him to follow the rules. POLITELY, request in writing all the HOA documents including all AC applications and approvals. This will tell you who has applied for permission. IF others have not applied, POLITELY ask why rules are being selectively enforced on you. And mention that selective enforcement can be construed as violations of Federal law. While doing this include your AC application for your changes, apologize for your oversight and include the AC rules section that applies to your changes. Also state that you are willing to follow the BOD requests IF you are not being subjected to selective enforcement. Do this all in writing and dont remove anything until you get answers in writing. But I warn you, do NOT make threats and dont make assumptions based on what people tell you. Get those records. Facts, documentation and a calm polite demeanor are your best weapons. If you make threats and appear angry, you will anger people in return. If you are calm, serious and well informed, you will be taken seriously. Good luck.
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GloriaM
(North Carolina)
Posts:829
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| 12/24/2007 6:29 AM |
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I didnt mean to hijack this thread but I wanted to illustrate that self-run HOAs can be a complete nightmare. Gloria, I respect your opinion and your answer is the way things SHOULD happen but it is my experience in 2 HOAs that it doesnt always happen the right way. What happens if Merita applies to the AC and it is denied? What if she removes it first and has it denied again? She cant have her wall while others do what they want? Who can she appeal to? Will she have to spend $$ on lawyers to get what is her right and is allowed under the rules?
Brian:
I understand what you are saying and in a perfect world everything works out. Again, what may appear to owners as others getting away with it, just may not be the case. Example; we are contracted with our communities to perform on-site inspections. We wrote over 300 letters of concern for (1) HOA. A HO received her (1) letter and believes we are singling her out, however we wrote over 299 letters excluding hers. The inspector during the drive-thru has no idea who, what color, gender or size of the person living in the house. All the inspector sees is the violation of the CCR's.
In my post to Merita, I explained that NC has many laws that govern HOA's and in repsonse to your above statement what can she so?
Hopefully she does have an MC in the HOA and can be mediated between herself and the board. I do not believe the racial card should be pulled here because in my 25 years it has rarely ever been the issue.
Too many Owners move forward with an exterior project without going through the ARC review process. At this point Merita needs to request a hearing to mediate her situation with the board. |
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RobertR1
(South Carolina)
Posts:5164
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| 12/24/2007 6:55 AM |
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| I'm no expert but it is apparent to me, we tend to over solve a problem because we never get the the Big Picture from the posters. I just think it is important for those trying to be so right; they have to settle with just providing information as best we can. If you don't know the whole question, you can, at best, give a partial answer. |
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