Assult on a Board Member

Lindale, it is normal for a homeowner to get upset when told they are in violation. And it is even more difficult when a previous Board did not enforce the CC&Rs. Your example illustrates one reason to use a good Managing Agent. For some ideas you can search for my post on Rules and Regulations on Enforcement of Covenants and Rules. Limiting voting rights and attending meetings is not near as effective as fines and further actions when allowed by your Declaration.

Mail him an official notice with the required elements.

I am in a similar situation. Violations in our community have been overlooked for quite some time. Is there any statue of limitations to notify a property owner that they are in violation and make them fix it?

Thanks,
DeAnn

Roger - where in the state statutes would I look for statute of limitations? I know Arizona's Planned Communities' revised statutes pretty well, but have never seen statute of limitations addressed in that section. Thanks. Harold

Harold, I think the 1 year limit to enforce a violation after becoming aware of it may be based on a Colorado appellate court ruling. If someone from HindmanSanchez is monitoring this board perhaps they can clarify.

Audrey, enforcement of restrictions is the same for all members. It does not matter whether it is a member, a Board member, or the President. I enforce, in accordance with the Association's Rules and Regulations on Enforcements of Covenants and Rules, on all members including the President. The President does not enforce, the Managing Agent (or the enforcement officer)initiates action and the Board should follows the rules to accomplish correction. If members of the Board vote against enforcing their CC&Rs they should be removed from the Board and replaced with Directors who will honor their fiduciary duty.

To all of the above:
I too have been assaulted as a board member. Bottom line is that people, nowdays, do not want to hear the word "NO". No one is going to tell them how or what to do with their property, even it it devalues their neighbors property in the process of what they are doing, and they would just have a fit if their neighbor did what they are doing. It's the ME generation--you first, AFTER ME. Now, after reading the above posts, there is something of which you all need to be warned, because this happened to me, and it's not an easy situation to remedy. Check first for this scenario because it might explain why your board and management company don't get the job done. In our assn. the president was a swim team advocate; thought the pool belonged to her and her swim team friends, although 33% were from outside of the subdivision and paid NOTHING for the membership to our assn. nor upkeep of our pool, when some owners may not even have use of the pool. Because the MC was desperate for the account/contract, they donated big bucks to the swim team to appease the president; in turn the president wouldn't let anyone else deal with the MC, and the MC wouldn't deal with anyone but her. Meanwhile, the MC turned against everyone who had a problem with their conflict of interest and got deeper into convolusion with the president and board and swim team. The MC made it their goal to cause any director who was onto them to be eliminated--either assaulted, or in some way forced to resign. The MC is still in charge--they are selective because the president wanted them to be; they only gave violation letters to whom she said to or didn't to whom she said not to. Our assn. is a big corporate mess right now, and run by helpers of the president and her cronies. It is now a social club---no longer an HOA--this is what I resent paying (assessments) into.
EdR