JohnP9 (North Carolina)
Posts: 16
Posts: 16
Posted:
We are a HOA of 140 lots in North Carolina, 80 of these lots have houses built on them.
The problem we are having is that several residents are piling up tree branches, dead bushes and yard waste along the side of the roads within our community. Understanding this type of activity is allowed 1-2 weeks prior to our spring and fall pick-ups. But, in my opinion, allowing residents to pile their yard waste along the roadsides, year-round, serves as a detriment to the community by giving our community the appearance of a dump site, and also has the damaging affect of diverting drainage during storms. Also these piles become, in essence, Condo’s for snakes, rats and other creatures that pose health and safety issues.
To allow this year-round dumping is a direct violation of the our STATEMENT OF RESERVATIONS and RESTRICTIONS. In particular, Section 6. Paragraph J. Which states,
“Each owner shall keep his building site or lot ... free of tall grass, undergrowth, trash, dead trees and rubbish and properly maintained, so as to present a pleasing appearance ... In the event an owner of any lot does not properly maintain his building site or lot, as above provided, ... then the Architectural Committee may have the required work done and the costs thus incurred in performing the work shall be paid by the owner.”.
This paragraph clearly puts the responsibility for the maintaining and removal of this type of debris on the property owner. It is the duty and responsibility of every property owner in Golf North to preserve and maintain an attractive community.
My concerns to the BOD in regards to this matter have been met with out right hostility. Some board members have said, via e-mail, statements like, “We can't just send out a letter and tell everyone they have to get their piles off the road by such and such a date. My phone would be ringing off the hook with bewildered and angry residents” and “It doesn't matter that the covenants have been ignored here”.
The BOD has on several occasions enforced the covenants but are either unable or unwilling to enforce this one.
So here are my thoughts,
1)The BOD can not selectively enforce the covenants.
2)Failure to enforce the covenants constitutes a Breach of Contract on their part.
3)The fact that a restriction is unpopular doesn't absolve the board of its duty to enforce
that restriction.
What do you all think? Am I wrong or right? What course of action would you take?
Thanks in Advance.
The problem we are having is that several residents are piling up tree branches, dead bushes and yard waste along the side of the roads within our community. Understanding this type of activity is allowed 1-2 weeks prior to our spring and fall pick-ups. But, in my opinion, allowing residents to pile their yard waste along the roadsides, year-round, serves as a detriment to the community by giving our community the appearance of a dump site, and also has the damaging affect of diverting drainage during storms. Also these piles become, in essence, Condo’s for snakes, rats and other creatures that pose health and safety issues.
To allow this year-round dumping is a direct violation of the our STATEMENT OF RESERVATIONS and RESTRICTIONS. In particular, Section 6. Paragraph J. Which states,
“Each owner shall keep his building site or lot ... free of tall grass, undergrowth, trash, dead trees and rubbish and properly maintained, so as to present a pleasing appearance ... In the event an owner of any lot does not properly maintain his building site or lot, as above provided, ... then the Architectural Committee may have the required work done and the costs thus incurred in performing the work shall be paid by the owner.”.
This paragraph clearly puts the responsibility for the maintaining and removal of this type of debris on the property owner. It is the duty and responsibility of every property owner in Golf North to preserve and maintain an attractive community.
My concerns to the BOD in regards to this matter have been met with out right hostility. Some board members have said, via e-mail, statements like, “We can't just send out a letter and tell everyone they have to get their piles off the road by such and such a date. My phone would be ringing off the hook with bewildered and angry residents” and “It doesn't matter that the covenants have been ignored here”.
The BOD has on several occasions enforced the covenants but are either unable or unwilling to enforce this one.
So here are my thoughts,
1)The BOD can not selectively enforce the covenants.
2)Failure to enforce the covenants constitutes a Breach of Contract on their part.
3)The fact that a restriction is unpopular doesn't absolve the board of its duty to enforce
that restriction.
What do you all think? Am I wrong or right? What course of action would you take?
Thanks in Advance.