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Subject: Need help with a truck that is an obstruction to traffic

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JanetM
(Florida)

Posts:13

06/05/2006 6:46 AM
Our board has sent out a letter to inform the violators that per our HOA docs, there will be no parking in the street. However we have one person who is not following the rules. How can we get him to park his oversized truck in his driveway like everyone else. He thinks he is above everyone else and the bylaws don't apply to him. It blocks the vision of oncomimg traffic and could cause an accident or possible have even worse effects of someone getting hit due to the lack a vision. We have had several near misses for a head on collision and also a child almost got hit. We need some assitance in finding out what we can do. I have called the county to find out what we can do and just get the run around, via transferred here and there. Can any one help me with this. What can we do since he will not move the oversized truck.

RogerB
(Colorado)

Posts:3694

06/05/2006 8:15 AM
Janet, it is suggested you first make sure the Declaration actually have a restriction stating no parking in the street. Then the Board (or Association) may set up Rules and Regulations on enforcement of Covenants and Rules. There should be an esculating fine structure which ultimately will 'encourage' compliance, a deadline for correction, and future actions if not corrected. Provide these documents to all owners. Violator should be advised in writting. The first letter makes them aware of the rules they are violating and asks for correction; the second letter states the violation, references the document and restriction violated, provides a deadline for correction, advises on the amount of fine if not correct after the right to a Hearing, and references the R&R on enforcement which specifies future actions if the violation has not been corrected. I have posted example Rules and Regulations for Enforcement of Covenant and Rules and R&R for Delinquent Assessments which you may search for and review.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

JanetM
(Florida)

Posts:13

06/05/2006 8:25 AM
Our CCR states as follows: No vehicles other than private passenger automoniles in operating condition, including but not limited to, boats, campers, motorcycles, rvs, or trailers shall be permitted to park on or in front of any Lot overnight unless stored in an enclosed garage. No inoperative vehicles shall be left on the Property for more than one week. No mechanical work shall be performed on any vehicle on any Lot or any street in the Property. No vehicles of any kind shall be parked in the street overnight. We have sent out a letter in which we pointed out this section of the bylaws and gave 30 days to fix the problem, the 30 days are over and the vehicle is still being parked in the street. What should our next move be.

JulieS
(Georgia)

Posts:412

06/05/2006 8:34 AM
If you can enforce the no parking in the street rule, the next step would be to send a letter stating they have a certain number of days to correct the problem or fines will be applied. You will be surprised how quickly someone will take care of an issue once they start getting fined. You should be able to locate fining information in your docs. Also, check to see what your options are regarding towing. Another way to take care of the problem is to call the police and have a ticket issued if the vehicle is parked in a curve, too close to a stop sign, etc., whatever violation/code is possible. We had the problem of someone parking on the street 24/7 in a curve and although we cannot enforce the no parking in the street as it is a public road, we were able to have the car ticketed for unsafe parking (in the curve) and the car was then moved.

RogerB
(Colorado)

Posts:3694

06/05/2006 8:39 AM
Janet, you now send the second letter. Or if you don't have applicable Rules & Regulations, then pass and distribute them. They give you the leverage to fine until compliance is their desired choice. "the Board (or Association) may set up Rules and Regulations on enforcement of Covenants and Rules. There should be an esculating fine structure which ultimately will 'encourage' compliance, a deadline for correction, and future actions if not corrected. Provide these documents to all owners. Violator should be advised in writting. The first letter makes them aware of the rules they are violating and asks for correction; the second letter states the violation, references the document and restriction violated, provides a deadline for correction, advises on the amount of fine if not correct after the right to a Hearing, and references the R&R on enforcement which specifies future actions if the violation has not been corrected." Following are example R&R: Rules and Regulations on Enforcement of Covenants and Rules In order to maintain property values, safety, and quality of life the Association enforces restrictions itemized in the Declaration (Covenants), Bylaws, and the Rules and Regulations (sometimes called Policies and Procedures). This may be referred to as Covenant enforcement, or Covenant control, or Covenant compliance. The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. A Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation. To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision. When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs. --------------------------------------------- Rules and Regulations on Delinquent Assessments Assessments are delinquent when payment has not been received by the due date. A 10 day grace period is provided for receipt of payment after which the property is assessed a late charge of $10.00 per month. Assessments may include, but are not limited to, the annual (regular) assessment, special assessments, late charges, interest, fees, fines, attorney fees, collection costs and court costs. All costs related to a delinquent account shall be assessed to the property and paid by the owner. The Declaration (Covenants) establishes that an assessment is a continuing lien upon the property and a personal obligation of the owner. The annual assessment is determined by the Board of Directors as part of the annual budget. The annual budget is ratified, or vetoed, by homeowners at the annual meeting. If the members veto the budget, then the prior budget, including the annual assessment, remains in effect until a new budget is approved. The annual assessment may be paid on a quarterly basis with payments due on the first day of each quarter beginning January 1st, April 1st, July 1st, and October 1st. Assessment payments shall be applied to the oldest assessment first and progress toward the most recent assessment. Statements may be provided by mail, e-mail, or coupons as a reminder to homeowners of the amount and due date of a quarterly assessment. Nevertheless, it is the responsibility of the homeowner to remember to pay by the due date even if a statement is not received. An owner may request consideration by the Board of Directors to defer payment due to extenuating circumstances. An account delinquent over 10 days will be charged $10.00 each month it maintains a balance over $10.00. If a check is returned the account becomes delinquent plus there is a charge of $35.00 for the returned check. An account delinquent over 70 days shall be provided a warning that a lien will be recorded on the property if payment is not received within 30 days. An account delinquent over 100 days will have a lien filed with the Douglas County Clerk. The lien amount will include a filing charge of $100. An account delinquent over 130 days shall be provided a warning that the account will be referred to an attorney for collection if not paid within 30 days. The Association shall make a good faith effort to resolve disputes first with the Owner. If resolution is not reached the Association stands ready to go to binding Arbitration under the Uniform Arbitration Act. The parties are herein forewarned that if court proceedings are necessary to resolve a dispute, the court shall award to the prevailing party reasonable collection costs, attorney fees, and other costs.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

JanetM
(Florida)

Posts:13

06/05/2006 10:08 AM
Thank you we will give it a try.

JanetM
(Florida)

Posts:13

06/09/2006 6:34 AM
The gentleman who is violating say he will not move his truck. He says that we can fine him and he will not pay, he also says if we take him to court he says he will win. As per our Rules and Regulation it states no parking on the street. I am at a lose. I don't know what to do at this point.

WilliamT
(Arizona)

Posts:489

06/09/2006 6:50 AM
Posted By JanetM on 06/09/2006 6:34 AM The gentleman who is violating say he will not move his truck. He says that we can fine him and he will not pay, he also says if we take him to court he says he will win. As per our Rules and Regulation it states no parking on the street. I am at a lose. I don't know what to do at this point. He's bluffing you. Follow Roger's advice and make sure the Rules are in place for fining. Begin the notices and continue in accordance with your CC&R's and Rules. I suggest sending duplicate letters each time. One letter would be Certified with return receipt that he will have to sign for. The duplicate letter will be by regular first class mail, with a receipt from the post office which is a certificate of mailing. That provides you with proof that you sent the letter by regular mail. That duplicate (with the certificate of mailing) is in case he refuses to sign for the Certified letter. This way he can not later state that he did not receive the After the fine process is in motion with the fines accumulating it will be time to engage an attorney that specializes in HOA business. Be certain the attorney specializes in HOA's or s/he will have to do a lot of research, which you will have to pay for. Stick to your guns. You'll win. Bill

RogerB
(Colorado)

Posts:3694

06/09/2006 7:09 AM
Janet, some owners are ignorant of the power of an HOA and have major ego problems. Sounds like you have one who may learn an expensive lesson. If you have established REASONABLE rules and your Declaration allows the next sequential steps I would take are: Make sure he realizes the Board has the authority to fine and exculate the fine. Mail references which refer to his obligations regarding correcting a violation and to pay for all costs involved. In the letter provide the rules on enforcement of Covenants and on delinquent assessments. Quote the section(s) of the Covenants and Rules which he is violating. Advise him of his the right to a Hearing prior to initiating the fine process. If he does not request a Hearing, or is found in violation, and does not correct the violation, after several esculated fine amounts the Board can get a court order and correct the violation. Assess him for all costs and if not paid within the time allowed under your Delinquent Assessment Rules, place a lien on his property. The next step is to go back to court to garnish owners wages and if that does achieve payment then foreclose on his property (if the Declaration allows). This process should be done in a reasonable and proper manner.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

JanetM
(Florida)

Posts:13

06/09/2006 7:22 AM
Do I need a fining committee or can the board go ahead and put these in motion. The whole problem the this issue is that the violator was our past president who resigned his position before our yearly meeting. As you can tell I have been appointed to take the position over.

MikeS1

Posts:0

06/09/2006 8:59 AM
Joyce - What State are you located in? Are the roads state maintained or are the roads private and maintained by the HOA?

JulieS
(Georgia)

Posts:412

06/09/2006 9:02 AM
I think that depends on the laws of where you live. Our HOA is in GA and there is no committee...the board is responsible for violation enforcement and related procedures.

RogerB
(Colorado)

Posts:3694

06/09/2006 9:04 AM
"can the board go ahead and put these in motion" -- Probably. Your Declarations should give the Board the authority to make Rules and Regulations. Also the By-laws should list the Powers and Duties of the Board. Read these to get the answer your question.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

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