City Enforcing Alleged HOA Rules

Started by KimM8 • 7 replies • 1705 views

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KimM8 (California)
Posts: 109

Posted:

We are trying to get a permit from the city for a washer and dryer. The director of the building department came out two weeks ago and inspected our condo and said we were okay to get the permits. My H went in a week later to get the paperwork and was told we also needed a letter from the assocation that we are allowed to have a washer and dryer. The HOA decided (I don't know if this is a new rule, because the manager said he does not know either) that no more letters would be issued. A copy of this letter was sent to the city and they told us they don't want to get involved and would not approve permits until the HOA said they could.

How can the city enforce HOA rules (or alleged rules, new rules, who knows)? Thanks.

Kim

NicoleO4 (California)
Posts: 160

Posted:

Follow thier request. Ask your HOA for the needed document. I had to do something similiar with my home owner's insurance for a claim.

GO to your next meeting. Make a request in person so it is in the minutes, pursue it from there.

MicheleD (Kentucky)
Posts: 4,491

Posted:

It appears that was already done and the HOA has responded by stating no more letters of washer/dryer permit approval would be issued.

The city is not really "enforcing" the HOA rules and regulations, but there is apparently an acknowledgment of the public works office that HOA binding elements/restrictions can be applied when issuing (or refusing) permits.

Some cities/municipalities have this sort of symbiotic relationship with HOAs, others don't.

KimM8 (California)
Posts: 109

Posted:

I called our HOA manager, again. He never gets back to me when he says he will. When I called he said he was reviewing our rules. I asked him when the letter was sent to the city about their (HOA) approval and he said last week. Which I feel is a low blow especially since he has not returned my request to show me where it's a rule. So he is sending out a letter to the city to enforce a rule that he can't find. They have not even sent an offical letter to homeowners, just a newsletter.

This sucks, because two weeks ago we were approved for the permit, now the city won't give it to us.

So we got into it furher and he said the assocaition should have approved them, I reminded him that I was the 2nd tenet to move in which was six months before our 1st HOA meeting and almost 2 years before the rules. Also, I did not get the CC&R's until a year after moving in...

Anyways, he said that an association did exist, that in a conversion project the majority shareholder of the unit becomes the board of directors for the association. So I said, great, then we have approval.

Because we got approval from the real estate company that was hired to represent the seller and the seller and development company were owned by the same parent company. So therefore we had approval. Of course, now they are both dissolved and there is no reaching them.

He said I would need to bring this in writing to the current board for them to make a determination on. So I said, wait are you telling me they may void my approval for the board of directors who approved our washer and dryer and he said, yes, the new board can do that.

I said, only if they make it a new rule, which requieres the proper channels to be followed, which they don't want to do.

Any advice on this?

KimM8 (California)
Posts: 109

Posted:

Also, I did go to the last meeting and will go to the next. I am waiting to get the minutes from the last meeting, because they still need to be approved.

I am going to attend every meeting and meet with homeowners on this.

How involved with the other homeowners can I get?

KirkW1 (Texas)
Posts: 1,665

Posted:

Quote:

...I am going to attend every meeting and meet with homeowners on this.

How involved with the other homeowners can I get?

You can get as involved as you and the other homeowners mutually agree.

KarenS11 (Florida)
Posts: 148

Posted:

We tried to get code enforcement to have a box to check that the applicant had obtained HOA approval but were told that they could not do this. Even though we were not asking them to enforce our docs, they said that no municipality could even add a box to check, let alone reuqire that an ARc approval be submitted with their permit application.

Maybe call your councilperson and ask if the city has the authority to enforce your docs, especially in light of the fact that they haven't even reviewed the docs, just received a letter.

JohnM3 (Florida)
Posts: 288

Posted:

Hey folks the entire issue is wrong read the first persons situation. She is in a condo. A condo has totally different rules and laws than HOAs have. In fl law ch 719 covers cindos and Ch 720 has to do with HOAs. then every one gets on the hoa says this that and the other CONDO AND HOA ARE TOTALLY DIFFERENT TO EACH OTHER THEY ARE NOT THE SAME. At least in Florida they are

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