common area

Hi Tersea,

If you built a fence on the common area, then you will have to move it. You don't have a right to keep the fence there just because it was built there.

It sounds like they are making other people do it as well. The owners that haven't been contacted yet about their fences may be getting notified soon or their fences may not be on the common area.

I hope they haven't been fining you $ 25 a day since October. Moving a fence isn't as simple as moving a car or trimming a tree. Depending on where you live, the ground may be frozen solid now, so installing a new fence could be very difficult and expensive.

If they notified you three months ago and you haven't done anything yet, they may feel that you are refusing to move the fence. That may be why they are fining you now. You need to get in touch with your Board of Directors or property manager and let them know that you will move the fence and ask them to stop fining you until the job is completed.

TeresaB,
You still stand in the same place we all do. Protect our rights and support our association.

Now, if you have some kind of written permission to have your fence and shed, then you need to show this to president, and go from there.

If you know not all owners are being treated the same, you will need some kind of proof that this is true. Take this proof to your president and ask for clarification. If you don't get satisfaction send him a certified letter and get a reply, then go on from there.

If you feel your president or board is not performing the way you expect, organize your neighbors to make changes. Then go from there.

If this is as I suspect a long running battle with the Board and they have sent you notices about the problem and notified you that if you don't agree with their decisions, there are steps you can take for resolution and you did as they asked or you had no prior notice, send them a certified letter that it is your intention not to pay the money but seek legal council, then you are obligateds to hire a lawyer and let him resolve.

I can't tell you what is best for yopu, but experience has taught me, that no matter what the differences are, it is nearly always better to act responsibly and sit down with Board and talk about it. Ask the president for a hearing before the full board and work it out. I know it's hard, been there and done all that, and if I had it to do again I would go directly to the president and person to person discuss what is going on and offer to help. It is not just you that is involved, wwhat are the other people thinking.....find out, keep records, help your community to get better, that's what you agreed to do when you bought your property.
This "they" you are talking about is also "you."

Keep your problems inside your community, after all you go outside your community, you don't know who you are dealing with, it will cost money, and each of us inside can make a change. It really works that way, and that's the truth.

TerseaB,
Somehow, someone goofed in the installation of your fence in the common area. That is not your property to build or install anything in or on. It is right that you have to move it along with your neighbors having to do also.
The new Board is trying to rectify someone elses mistakes and it sounds like your documents have an allowance for fining and that is what they are doing.

You quorum requirements do not cover a monthly or regular Board meeting. They must have a Board quorum, not a membership quorum.. The exception is for annual or meetings where a vote is to be taken on amendment and Budget approvals. If all meetings were required to have a membership quorum, there would never be these meetings because of membership apathy.

Get a game plan together and talk with your Board. By starting a dialog with them, you can let them know that you are trying to get this worked out. Fighting them just doesn't work especially if you are in a non compliance situation such as yours.

i do know that not everyone has been asked to move there fences out of the common area only a slect few have been asked to.. the rest have not .. the few that have are willing to move the things we have in the common area. once everyone has been asked and we where told that they are going on a case by case problem.// we told the board if you ask only a few then you have to ask all.... i do have a lawyer, and he told me the same that i would have to move the fence. when all are asked to do it.. my fee is the smallest few so far and yes i am being fined 25.00 a day.. and as of today my voting priv have been suspened ...

Hi Tersea,

If you're willing to move the fence, I'd do it now. Racking up $ 750 a month in fines while waiting for the Board to notify everyone else doesn't seem to make sense. If it takes them 90 days to notify everyone else, then it cost you about $ 2,200 in fines. Doesn't seem worth it to me.

Move the fence to stop the fines. Then if the Board doesn't notify everyone else, you can claim the Board used Selective Enforcement against you.