HOA changing rules for some homeowners...

I could use some direction:

Our HOA President sent out our monthly newsletter last week which had a section informing homeowners that they have until July 19th to remove their washer and dryers (unless previously approved by the board AND the city) or they would be "heavily fined".

Our president, her best friend and one other tenant are the only three people who are allowed to keep their washers and dryers. Their reason is that the plumbing can not support the water usage of washers and dryer and they (HOA) can not afford the cost of extra water being used. Regarding the plumbing I asked our HOA manager who would pay for damages done by the three people allowed to keep washers and dryer and he said the association would!

When we asked the president at our last meeting if she would remove her washer and dryer she said no, I reminder her that was a huge conflict of interest and she personally attacked me and tried to get my husband kicked out of the meeting.

Our washer and dryer were installed over three and a half years ago (six months prior to us having an HOA and a year and a half before the rules and regulations were adopted) now they are changing the rules and forcing homeowners to comply (except those three people). We were told that we could put in washers and dryers when we purchased our condo in 2005. I contacted our city building department and was cleared to get a permit; however, the HOA is still saying they will not approve my washer and dryer because it's after the fact. Yet, the rule is not official, no official letters were sent and the homeowners have not had the 30 days required to comment on the proposed rule change.

I asked our HOA if they would be informing homeowners of this right (to comment) and they said no. They are saying the newsletter was the violation notice and the rule change notice. Her comment "the association pays for the water and we won't allow it." I reminded her that I, as a homeowner, pay for the water to which she told me she would not argue with me.

What course of action can we take to make sure our rights as homeowners are being upheld?

Side question: is an HOA Newsletter an offical document? One that can inform people of violations and office rule changes? Don't they have to send out letters to individuals?

taking what you say as truthful, then your board is dead wrong.

you have three real options:
talk to them and educate them on the error of their ways
remove them from office through proper channels
sue them.

Kim,

There may be more to this story, but here are my observations based on what you posted:

1. Your president has no authority, unless directed by the board, or the authority is established in some other way, for example, in your bylaws.
So, did the BOD establish the rule of no washers and dryers or did the president make this one up? What does it say in the minutes?

2. I do not consider a newsletter to be "official" notice. At least, in our HOA, it isn't. Our CCRs and our state laws require that official notices be either hand-delivered (handed over in person) or distributed via first-class U.S. mail. What do your CCRs and state laws require for official notices? If your newsletter doesn't meet those criteria, then it isn't official notice.
Newsletters are poor vehicles for distributing official notices anyway. Some people consider newsletters trivial and don't read them thoroughly, if at all.
Letters work better.

3. CCRs and rules must be enforced equitably. They apply to everyone, even your board president. No exceptions. So, if your president can keep her washer and dryer, there has to be an avenue for other members of your community to do so, too. If not, then hers has to go.

4. If the rule was established AFTER you had your washer and dryer several years, then it may not be enforceable. If washers and dryers were permitted when you moved in, then the rule is being enforced retroactively. I know state laws cannot be applied retroactively (in other words, the state cannot pass a law making what you did yesterday illegal and then arrest you for it), so I doubt that a court would enforce it, but, you never know. It may depend on if the rule was established in accordance with your governing documents.

From the information you have provided, it sounds to me like your president may not have much of a leg to stand on. If the problem is the cost of the water, then if the association pays for it, the annual cost should be divided equally and included in the association fee charged to the homeowners. Simple. That may be a bit unfair, since people's water usage differs, but the only way around that is to install meters on every unit and bill for water separately, or have it billed directly by whomever supplies the water. I doubt the usage difference is that great, but if the association wants to go the meter route it probably wouldn't cost the association anything. The cost of providing and installing the meters could be paid for by each unit owner. And, that may not cost anything anyway because water companies often include that as part of their overhead and include it as part of the monthly bill.

Here are a couple of questions:

The plumbing cannot support the water usage of a washer and dryer? Are they assuming everyone has their washer going at the same time? How much water does a dryer use anyway?

Hi Bruce,

First to address your last questions. Yeah, it’s weird that the plumbing can not support the washer and dryer. It’s tied into the pipe right after the sink and dishwasher. So any water from those drains into the same plumbing. I can’t imagine our washer (engery efficient model) uses more water then if we filled the sink with water or what the dishwasher uses. As for the dryer, haha, I know. Either way they can’t make me get rid of my machine and if I wanted to I can at least dry my clothes.

1. I think this is a board decision. The problem is she has a lot of influence over the board members. One is a complete push over, at the last meeting, she actually told her to be quite and stuck her had in her face (the president to the other board member). I have to get a copy of the minutes.

2. That is what I said, most people don’t read the newsletters so they can’t expect that to be a valid vehicle to deliver such important information. Yet they are...

3. See my last reply, I agree 100%.

4. That is what I said; we did not have an HOA for six months and no rules and regulations for almost two years. Washers and Dryers were allowed until recently. The manager said that only a few units are setup properly to have washer and dryers and I told him, good then those people should be allowed to have them, if the city permits. But he still said no. So I said, if my unit, plumbing, electrical, water usage, permit is all the same as the presidents then I too should be allowed to have a washer and dryer. He again said no.

I have been reviewing our governing docs, CC&R;s, By Law’s, Rules, etc and nothing say’s no washer or dryer is allowed.

You are right, they don't have a good answer. No answer would ever be fair. My H at the HOA meeting asked the president directly if she would remove her washer and dryer and she just kept saying to keep her out of it. Then personally attacked us and would talk over us.

I don't think it's even a rule yet, so they can't even enforce it.

If there is nothing in your bylaws about not being able to have a washer/drier, then there is no basis for the rule. Try to talk to the association's attorney and have him/her explain limits to your president. The attorney works for the association, not the board. Insist he/she speak to you.

Jeanne,

Good luck on talking to the assn attorney! The attorney may work for the assn but the board members are "agents" of the assn. The members may make up the assn but they don't run it, the board does. And, this is why the attorney only answers to the board and only speaks to the board.

Would this help in making sure everyone has to follow the rules, thus ensuring that the President and her friend must abide by the same rules as everyone else?

CC1354: "The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both."

Bruce,

My thanks to your assn's attorney for reinforcing my thoughts on the subject! :-)

Hi All,

We have had our washer and dryer in for three and a half years. We never got a permit, but are in the process now. The board is saying we have to remove the washer and dryer. They are syaing that even if we get a permit tomorrow, it won't matter because they also need to approve them and won't.

Basically they have approved only three homeowners to have washers and dryers and they can keep their's. Everyone else has to remove their unit.

I did ask for the meeting minutes, two days ago. I am going to follow up with the HOA manager today.

Kim were the units built with washers and dryers in mind? Meaning is there a specific area set aside with water hookups and a drain for the washer / ductwork and sufficient electric or gas for the dryer? Does your CC&R's have any specific language requiring BOD approval before installation? Since your city requires a permit for the washer/dryer why have you waited for three and a half years to get it?