President of HOA in violation

Started by YolandaW • 10 replies • 2077 views

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YolandaW (Georgia)
Posts: 11

Posted:

We are a new community and our coven state that there is to be no living trailer, RV, Mobile home or any other form of temporary housing on any lot within the subdivision. Well our president have a Living trialer which is a RV without the motor. If her house was to burn she would be able to live in it. She is refusing to remove it because she says it is a camper. No to describe and look up the information on this I went to the RV web site and also went to living trailers and her trailer is on that site. It has pull out sides, bathroom and kitchen as well as a bedroom. She is stating that it is a camper and because of that fact she can keep it. The subdivision has started to rebell breaking the rules for transportation trailer and looking for all kinds of loop wholes. There comment is if the president doesn't have to follow the rules than why should we. It is a pure mess.

Any Advise

YolandaW (Georgia)
Posts: 11

Posted:

OH we are located in Georgia

BradP (Kansas)
Posts: 2,640

Posted:

Yolanda:

Based on your other post it sounds like there is some work to do. First of all a camper is a form of temporary housing so the Prez would be in violation. I would first write a letter to the board asking them to address this manner. Hopefully your board will step up to the plate. They have many options such as removing the president from his office and asking them to correct the violation. In most HOA's if you are not in good standing you lose voting rights. That is where I would start, As a president of my association I always make sure that we are in compliance with everything, we need to set the example.

BrianB (California)
Posts: 2,820

Posted:

brad is right, a camper is a form of temp housing. If this camper has no motor, i would also look to see if your CC&R's address "junk vehicles". many do, and ours, for example, require that a vehicle be licensed and operable, or it is considered "junk". Without a motor, that camper can't be licensed, and you may get it out that way.

YolandaW (Georgia)
Posts: 11

Posted:

What I ment by no motor is that you need a truck to pull it. Because of that fact she is stating that it is a camper. and that it is allowed which is total violation.
Sorry about the mix up with that one.

JulieS (Georgia)
Posts: 412

Posted:

This is an obvious violation no matter what you want to call it...a trailer, camper, RV, etc. Your documents will tell you the procedures you need to follow regarding notices, fines, etc. Our association is in GA and we send a letter stating the violation. If it is not resolved or addressed within a reasonable amount of time, we send a second letter stating they have 10 days to resolve the problem or a $25/day fine will be charged. If the siutation is not resolved within the 10 days, we start fining and send them a letter stating so. We have placed a lien on one home due to a fence violation which included a condition of sale.

We had a situation with a guy keeping a trailer in his driveway for extended periods of time. He received notices for over a year, moving the thing and then bringing it back. He finally ignored our notices and we ended up fining him $375. He asked for a meeting and we stuck with the fine as this had been going on for so long. He stormed out of the meeting threatening retaliation. I ended up with dead grass and another board member with dead shrubs, but he paid the fine, the trailer no longer in the driveway and he eventually moved.

As a board member, and the president, we are under scrutiny and held to higher standards. It is up to board members to be prime examples of what is expected as a homeowner in the neighborhood.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

YolandaW,

Your HOA problems seem to be manifested from the top down. Curious how your President felt about the mailbox deviation your inquired about in your previous discussion blog. Especiall given this deviation of a living trailer.

JulieS is correct, you should read your governing documents on procedures that can be followed to correct a violation by notification procedures.

There isn't much more you can do except document your complaints and provide them to management or the board.

GeraldT1

YolandaW (Georgia)
Posts: 11

Posted:

I want to thank all of the responses and let it be noted that the community has asked and requested this situation be handled. She has not complied and refuses to understand. As a full paying dues member and a committee chairperson I am asking for her to step down as she is not a suitable leader there are several other homeowners in the community more than half that agree. As for the mailbox thing she has not done anything. she is not enforcing any of the covenants unless there is a personal interest to her. I have tried everything in my power and nothing has worked. Several homeowners have suggested taking a stance and i am going to do that and see what backing i have. I will update you guys on the outcome. Our meeting is July 27. 2006

BradP (Kansas)
Posts: 2,640

Posted:

Yolanda:

If you have half the homeowners in agreement with you then I would sign a petition asking for her resignation or take the appropriate steps according to your bylaws to have her removed from office. Everyone has made great points here, but the big picture is that the president is the face of the community and is held to a higher standard. I would question any leader who can't follow simple instructions.

VincentS1 (<Click to Select State>)
Posts: 3

Posted:

how long has the trailer been there... you as a homeowner have a right of enforcement. Serve notice to her...However.. the violation... in court depending on time... may have wavier, or abandoment. Long legal fight with cost about 4000 to 12,000 dollars.

VincentS1 (<Click to Select State>)
Posts: 3

Posted:

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