MD (California)
Posts: 27
Posts: 27
Posted:
I live in a gated community of 247 units in sunny California. There are two emergency access gates at either end of the community. A board member's children and his immediate neighbor's daughter slide under the fence as ingress/egress. The grass is being destroyed and, obviously, this is not a good way to go in and out of the community especially when there is a pedestrian gate.
The HOA has taken action against other members' whose children used sliding under a fence as ingress/egress; in fact, installing a pedestrian gate within that emergency access gate (this is another access gate on another side of the community). I have copies of these letters and the enforcement actions are documented in the minutes.
I've complained about this because I think it's an unnecessary potential liability; because I think it shows the board member's disregard for the governing documents; because I am annoyed a board member's children are allowed to destroy common area landscape and most importantly because I do not appreciate being made responsible (common area properties are held as tenants-in-common) for someone else's children. I've provided photos. I've completed the violation form as the rules and regulations direct, including obtaining other members' signatures.
Am I being unreasonable? The board member's daughter was already hurt by her actions. Am I taking too much of a leap that this is preferential treatment for board members and their friends and families? The CC&Rs have a clause prohibiting any member from potentially jeopardizing insurance coverage. I thought about sending the photos and complaints to the general liability carrier but I am concerned about the liability carrier's reaction. However, this is a forseeable, manageable risk. Am I also taking too much of a leap that members without children are subject to discrimination?
Thank you in advance for your feedback. Emma
The HOA has taken action against other members' whose children used sliding under a fence as ingress/egress; in fact, installing a pedestrian gate within that emergency access gate (this is another access gate on another side of the community). I have copies of these letters and the enforcement actions are documented in the minutes.
I've complained about this because I think it's an unnecessary potential liability; because I think it shows the board member's disregard for the governing documents; because I am annoyed a board member's children are allowed to destroy common area landscape and most importantly because I do not appreciate being made responsible (common area properties are held as tenants-in-common) for someone else's children. I've provided photos. I've completed the violation form as the rules and regulations direct, including obtaining other members' signatures.
Am I being unreasonable? The board member's daughter was already hurt by her actions. Am I taking too much of a leap that this is preferential treatment for board members and their friends and families? The CC&Rs have a clause prohibiting any member from potentially jeopardizing insurance coverage. I thought about sending the photos and complaints to the general liability carrier but I am concerned about the liability carrier's reaction. However, this is a forseeable, manageable risk. Am I also taking too much of a leap that members without children are subject to discrimination?
Thank you in advance for your feedback. Emma