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CharlesW1 (Georgia)
Posts: 826
Posted:
I don’t know if it’s different in each state or not. I live in Georgia I’m curious to know. Are there a set number of meetings, required in a HOA? My community has had maybe one since I have lived here. I’m not informed about anything until it’s already done!

I guess it would be helpful for me to know what the responsibilities of a HOA are. I believe my neighborhood is not doing any of them! Please help me. I have read about a majority of the horror stories on this site. Many of the violation, I’m confronted with are small in comparison!

They are still violations; I don’t know where to turn. My neighborhood looks horrible. I figured when my neighbors have built and/or purchased a quarter of a million dollar home. They would have a very well manicured landscape (free of weeds). I understand that it’s an expense and of course time is always an issue. I’m required to find the time to atleast mow my lawn.
Regardless of the price of your home, I feel every homeowner, if living in a HOA should be required to mow their lawn. I’m not saying they should have a picture perfect landscape. If they are not going to pull the weeds or treat them with some sort of weed preventative or killer then just mow them down!

These weeds didn’t just sprout up over night. By their size alone, I would say these weeds have been growing for weeks, some even months.

It is bringing my property values down! I plan of selling my home in the near future. It scares me, to know that any improvements I may do or have already, when sold won’t be nearly as profitable.

My family and I work very hard to have purchased and to maintain our home’s appearance on a daily basis. I would think that they (my neighbors) would all have the same pride that my wife and I have for our home! It’s also shows respect for the neighboring houses. I maintain my lawn to the best of my ability. I do this for my personal satisfaction and because I respect my neighbors. I would like to think many of them respect me, for maintaining the appearance of my home and yard. Apparently not, though!
I thought maybe they would want to “keep up with the Jones” HMMMMMMMMMM
NOPE, wrong!

You all are always so helpful. I would appreciate any advice!
Thank you
Chuck W.

Charles E. Wafer Jr.
JulieS (Georgia)
Posts: 412
Posted:
The answers to your questions are in your legal documents for the association (covenants, bylaws and anything additional that was set up). It is up to the board of directors to enforce the covenants. Does anyone else feel the way that you do? Get them together and approach the board with your disatisfaction and what you expect out of them. Maybe you should become involved on the board to straighten things out until you sell your home. One of the primary purposes of the board is to protect property values within your community.
CharlesW1 (Georgia)
Posts: 826
Posted:
Julie,

I will be running for the board this Saturday morning! Since I’ve been home on disability, I have found myself spending a great deal of time getting myself more involved with the responsibilities of the BOD. I was encouraged to run. I can’t say I going to be everyone’s best friend, but I will make suggestions I feel will raise my me/ and my neighbors property values. That’s what homeowners want!
That’s what I want.

Thanks for the info.
Chuck W.

Charles E. Wafer Jr.
JulieS (Georgia)
Posts: 412
Posted:
Good Luck!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Charles,
You will need good luck to get this mess straightened out.
First thing to do is to get anyone who breathes involved in getting the Board to start doing their fidituary duty, which means to do what they were elected to do and that is to follow your protective covenants, articles and by-laws. You need a homeowners revolt. Are you paying assessments? Where is that money going? All associations are required to have at least an annual meeting and I hope that you at least have those. That is a not for profit corporation law. And if the Board balks at getting going on this, elect a new Board.
Your home is your single most expensive investment and to let it go down the toilet because of lack of any kind of enforcement is not okay in my book.
CharlesW1 (Georgia)
Posts: 826
Posted:
Donna,
I do pay my dues. I’m actually running for position on the board. I’m hoping to make some significant improvements to our neighborhood. I know that the people that do attend meeting generally want the same things I want as a good standing homeowner.

You all have helped me have a better understanding of HOA! Thank you. I know I wont be liked be the entire community. You said it best when you said “Your home is your single most expensive investment” so true!

I’m hoping that the members that do attend will see that I’m not a “nit-picky” board member. I just want to enforce the CC&Rs. I believe enforcing these by-laws that our property values will also increase!

Thank you once again
Chuck W.

Charles E. Wafer Jr.
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
CharlesW1,

You have high ideals, the same as many of us who've been there, and done that. Before you jump feet first, I'd like to turn you around a bit and get inside your head, give you some food for thought. First let me just say, I wish you the very best of luck, it's caring noble people like you that honor the concept of volunteerism.

Now, look at your present situation. You have a board, you have homeowners (plural) that are probably violating the rule of maintenance, or WORSE your HOA has no rule on maintenance. In order to create a rule regarding maintenance your perhaps apathetic board may outvote you, or offer no assistance because it's their friends who are doing the violating. Remember, your feelings right now are autonomous, the structure of a board is either governed by a President that will or can overrule the other members, or it consists of members with like minds.

Therfore, what I suggest you do is join the board and observe, don't present your landscape agenda upfront, if you need to answer why you are joining the board, be innocuous and say that you love your community and want to devote your free time to help others.

If you've already let the cat out of the bag so to speak, then still pull back with the landscape agenda.

Once on the board, you'll uncover the real answer as to why the weeds are out of control and your neighborhood looks like crap. Maybe at that point you can figure out a method to slowly turn the tide to benefit your investment.

Hopefully your HOA doesn't limit you by not allowing for sale signs, just in case you learn that the problem is insurmountable.

Again, give it a college try and my very very best of success!!

GeraldT1
CharlesW1 (Georgia)
Posts: 826
Posted:
GeraldT1,

I appreciate your words of wisdom. That is exactly what I need. That is some really good advice. Thank you!

I’m going to lay low and learn. I want the other board members to feel comfortable with me. I want to feel comfortable with them. I’m not going to change, nor do I want to change the entire sub-division in one year. I just want all the homeowners who pay their yearly dues, don’t receive violation notices every other week (for the same offense).
Heck the one’s that even show up to what meetings we do have, I would like them all to feel some ownership and pride in their neighborhood.

I think, I will have a really good opinion about what the homeowner wants. It will be like me speaking for the community! I’ll be their voice!

I have very high expectations. This may not be a good thing. I don’t know, though

Chuck W.

Charles E. Wafer Jr.
RogerB (Colorado)
Posts: 5,067
Posted:
Chuck, the aspirations you espouse are ones which the Board members have a fuduciary duty to perform. It is people like you that Boards desparately need.

Good Luck,
Roger
KevinW2 (Georgia)
Posts: 3
Posted:
Charles,
Do you live in Gwinnett county. If so, the county has a code violations dept. that handles things like weeds,broken windows etc. Other counties may have a Clean and Beautiful program also. Having the county fine you for not reasonably upkeeping your home is a great tool.
I used it in our subdivision for people running business, weed problems, excessive cars and construction equipment parked in driveways.
KevinW2 (Georgia)
Posts: 3
Posted:
Charles,
Do you live in Gwinnett county. If so, the county has a code violations dept. that handles things like weeds,broken windows etc. Other counties may have a Clean and Beautiful program also. Having the county fine you for not reasonably upkeeping your home is a great tool.
I used it in our subdivision for people running business, weed problems, excessive cars and construction equipment parked in driveways.
LauraS (Georgia)
Posts: 4
Posted:
Hi Charles,
I live in Gwinnett county and have used their website to turn in people the board does not want to do anything about. Like for dog barking, parking on the grass, junk vehicles.

Look at Gwinnett County website and do a search for "Quality of Life" They explain all the violations and have a place for you to report offenders on-line.

My board actively does not want to do anything to enforce covenents. It has ripped our community and some friendships apart. It is very sad that people do not want to live up to what they promised every homeowner in the community they would do. And it hurts what is to some the biggest investment of our lives.

CharlesW1 (Georgia)
Posts: 826
Posted:
I do live in Gwinnett Co! My neighborhood is disgusting. Cars let me tell you about cars. We have a couple of homes in the community that without a doubt on any given day will have four cars in their driveway and two or three cars in the road. I can understand if this was once in a great while. Perhaps when they have company over and there just isn’t any more room. That I understand but, it’s pretty unsafe for my wife and I to even leave our street. They are parked on a hill facing opposing traffic. If another car comes down the street, that makes it all that much more difficult. I don’t know what the answer is but that can’t be all that can be done………… NOTHING!?

Chuck W.

Charles E. Wafer Jr.
JulieS (Georgia)
Posts: 412
Posted:
If the cars are parked on a curve, too close to a stop sign or fire hydrant, you can call the police and they can ticket the vehicle owner.

Gwinnett county is the county with the ordinace on the number of people living in a home that is related to a post on 'number of people in a home'. Gwinnett county is implementing a number of laws to keep up with the growth while maintaining quality of life.

If there are things in your neighborhood that need attention and the BOD won't take care of it, then I would resort to the county ordinances and call in complaints to get the neighborhood cleaned up that way. At least you have something else to fall back on and maybe make a difference since the BOD aren't doing it.

Hopefully Cherokee county will get on the ball with some things! Although our neighborhood doing pretty well for now.
KevinW2 (Georgia)
Posts: 3
Posted:
Great, If you are not afraid You can start reporting. I say not afraid because the freedom of Info act allows the people being cited to know who reported them.

http://www.co.gwinnett.ga.us/cgi-bin/gwincty/egov/ep/gcbrowse.do?channelId=-536882117&channelPage=%2Fep%2Fchannel%2Fdefault.jsp&pageTypeId=536880236
As the president of a HOA I find this more effective when I talk to covenant violaters. I give them a copy of the county violation as well as our cov's. If they do not respond I report them to the county. The county does follow up. Non compliance is 1000 dollar a day fine.

As for parking, cars are allowed in streets but not boats, motorhomes etc.
Good Luck
CharlesW1 (Georgia)
Posts: 826
Posted:
Kevin,

OH I’m not afraid! I will let some things go but not many. I’m going to wait until I’m elected on the board this Saturday, Maybe!?
Wow $1000.00 that’s pretty hefty of a fine. I would do the same thing! They don’t expect someone to actually pay; it is more to scare you from violating ever again!
Is your community looking any better now?
I’m going to look at the web-site right now. Thank you once again
Chuck W.


Charles E. Wafer Jr.
ValerieS (Georgia)
Posts: 19
Posted:
CharlesW1,

I too live in Gwinnet County. Your neighborhood does not have to be in disgusting conditions. You can affect change - it requires consistency and diligence.

I am the President of our HOA and would like to suggest that you not go in with hidden agendas. It creates a feeling of distrust (been there and experienced that). You have nothing or no one to be afraid of by running for a seat on the Board. There is nothing wrong with observing and being reserved while having your ideas for improvements; just be careful to do it the right way. It is your right as a homeowner and your responsibility to your community. Your Covenants and bylaws should detail the responsibilities of the Board. If they are ineffective, encourage change. They (The Board) is a legal obligation to the community and to act in the best interest of the community not just a certain few individuals. If your community has Rules and Regulations in place, it is imperative that they be enforced in a manner that is fair and consistant to everyone. No one is exempt.

Once on the Board, I would like to suggest that you join your Rules and Enforcement Committee (in our community each Board member chairs a committee because we do not have enough participation). I wish I had someone like you in my community, maybe then I wouldn't have to work so hard. My Guidelines and Standards committee needs someone like you.

Communication is key. Although our Board has the ability to make decisions and amend our Rules and Regulations without community sayso, we are always sure to communicate. We have an annual meeting at which elections are held. We also have a quarterly HOA meeting for the community and the Board meets pretty much each month. In addition, we have a quarterly newsletter as well as community updates as necessary. Communicate - communicate - -

As the others have stated, Gwinnett County is good about Enforcement of County Codes and Ordinances and I have also contacted the Quality of Life Unit. I have contact names and numbers within the Quality of Life Unit, Gwinnett Clean & Beautiful, as well as Gwinnett Code Compliance. let me know if you need them as they have been most helpful. Right now I am struggling to get a Neighborhood Watch Program going

As for parking on the street, we have found that enforcement varies depending whether your streets are public or private streets. We have public streets and we work hard to enforce our community rule which states no parking on the street. We are aware that sometimes you have several people over and some may be required to park on the street but we ask that it is for no more than 3-4 hours and that you be courteous enough to give your immediate nieghbors a heads-up. However, I suspect that your problem is the individuals that have a garage(s) but use them for storage, park one or 2 cars in the driveway but they have 4-5 drivers or vehichles that belongs to their unit. Here, residents are not allowed to use their garage for storage if it requires the occupants or regular visitors to park on the street. They are issued a friendly reminder or I may sometimes ring their bell and ask them to remove the car from the street. For those that repeatedly violate this rule, I have found that a notice which highlights the make, model of the car, the tag number, along with the threat of TOWING AT THE OWNER'S EXPENSE - - well it tends to result in better compliance.

As for maintance of the lawn, I do not know what we would do if we did not have a landscaping company. Yes, it is our largest expense each month but it solves the problem of having apathetic neighbors that care nothing about their own property values much less their neighbors and neighborhood.

You can do this! it's hard work and it may be a rocky road lined with stumbling blocks and naysayers. It will not be perfect but you can help to make it effective. By the way, you are right. You may not be well liked but that's not your problem and it should not be of great concern. Just act fairly and consistently in the best interest of your community and things will work out fine (hopefully without your family being forced to sell).

Best wishes!

~ ValerieS
CharlesW1 (Georgia)
Posts: 826
Posted:
ValerieS,

All the information you have given me is very helpful. I’m eager to make some changes. I have plenty of ideas for this community. I’m not going too be liked by many that don’t pay their association dues or violators but……… they will realize over time that I am helping them achieve a much higher resale value. I truly am looking to help them as well as my way of life. My wife and I purchased this house as an investment. I will not let my neighborhood bring down the potential property values of my “HOME”.

I’m hoping that the homeowners that are running this year for the BOD are as knowledgeable as you have been to me. It sounds like you have really got things under control, in your neighborhood.

I will take any suggestions you have found successful. I don’t know if we have a Rules and Enforcement Committee. I’ll ask. If not maybe I should start one. That would be a great start to my over all objective. Any advice about how you made the positive changes to you community would be greatly appreciated.

Thanks you so much.
Chuck W.

Charles E. Wafer Jr.
LeeS1 (New Mexico)
Posts: 26
Posted:
Don't forget to consult your state statutes for non profit corporations or perhaps a statute specifically on associations. The statute may dictate the minimum number of meetings you need to hold.

I have moved 25 times since leaving home the first time (my job caused all the moves). I felt like you did--that people buying a big-bucks home would have the wherewithal to maintain their property. One thing I have learned, however, is that there are homeowner slugs in every strata, including HOs in houses that cost $1M +. Laziness and slobs cross all boundaries and income levels. Selfish comes to mind, too--they don't care at all about preserving the property values of the entire community.

I ran into a problem with a neighbor in a community of homes ranging up to $775K. His yard (each HO had at least 2 acres) looked more like a vehicle and scrap junkyard. When I wrote to the Board for relief, and cited the covenants, the response I got was: One man's junk is another man's treasure. They found no violation of the covenants. (When I asked some of them how they would feel if my neighbor was theirs, and they just lowered their heads. Spineless if you ask me, and afraid to cause conflict, since my neighbor was a volunteer on the board.) The County ordinance in this case was useless.

My recourse--to sell. I moved, and put the house on the market more than 2 years go. The asking price is now barely above what it will cost to pay the realtor's commission, and I have owned it for 10 years; I dropped the asking price several times, and the house is still on the market. Realtors have provided feedback from potential buyers and renters: the condition of the neighbor's property is the reason. I know it is hard to imagine that a beautiful property with beautiful scenery would not have appreciated SOMETHING in 10 years. But this is what can happen when the covenants are not enforced and the board is reluctant to do anything about it.

Check your CC&Rs for HO responsibility on maintaining their property. Having said that, your county ordinance is probably not strong either vis-a-vis grass height. I lived in one place where the grass had to reach 12" before it was declared a nuisance. Good grief!

I sympathize with you completely.
CharlesW1 (Georgia)
Posts: 826
Posted:
LeeS1- OH my, I sympathize with you! I thought I had it bad. That is exactly my worries. I have the perfect home (just what we wanted). My wife and I looked for well over a year for a home to have certain criteria. A basement for one thing, 2 story foyer, a minimum of 4 bedrooms, oh yeah and the basement had to be stubbed for pluming, had to have a day light basement as well. We wanted to live in a cul-de-sac. All of these things were difficult to have with each other. If things didn’t work out as they did we may have had to just settle for something that was not going to be a dream home.

I’m “running” for the BOD this morning! I have some good ideas. I believe will benefit the entire community. I can’t say I’m going to change the entire sub-division in a year but I feel I can better the community in the time that I’m in office, hopefully!

I appreciate that you shared with me your story. I’m glad you did something about it. I too have realized that same thing. It doesn’t matter how much the house costs or who it is living next to you. Slobs will be slobs (People that just don’t care). Now that is just scary for any first time homeowner.

Thanks again
Chuck W.

Charles E. Wafer Jr.
ValerieS (Georgia)
Posts: 19
Posted:
CharlesW1,

Hi! I am curious. How did it go - - your run for a seat on your HOA Board of Driectors?

~ ValerieS
CharlesW1 (Georgia)
Posts: 826
Posted:
ValerieS- Read the post entitled should your vote count. That pretty much tells the story. I’m impressed that you remembered. That’s awesome, thank you.

Well that’s post tells it all. I’m just trying to get proxies so we can meet quorum to have a meeting to hold an election for position. I don't understand!

Chuck W.

Charles E. Wafer Jr.
KathyG1 (Georgia)
Posts: 1
Posted:
ValerieS,
I also am a HOA President in Gwinnett Co. I was voted in only a few months ago. I've already realized that I had to use Gwinnett County's Co. code enforcement people and their Quality of Life Unit. Our taxes are being put to good use with them.

What I am responding too is the parking on the street situation. I have been getting my husband to place Notice of violation sheets on their cars that are on the streets quoting our HOA covenants. However, we do not have anything in our covenants that "residents are not allowed to use their garage for storage if it requires the occupants or regular visitors to park on the street." I would love it if it did. We have an attorney on retainer who is high dollar and has informed us to amend anything on the covenants, it will not only cost us, but we have to have all the homeowners vote on amending our covenants. Please reply. We have a bod meeting tomorrow and we are trying to get the ACC committee together. I also want to get an enforcement committee going asap. When I got voted in, we only got to vote in three BOD. It is hard to do anything with only three people. I am overwhelmed. Everybody wants to point fingers and give their input, but when I ask them to be on the committee, they back off and say no.
Please reply.
KathyG
ValerieS (Georgia)
Posts: 19
Posted:
Hi KathyG,

I'm sorry that you are having such a difficult time. Unfortunately, it appears to come with the territory.

Yes, it does cost to have the covenants ammended but it may be a necessary expense. We are planning to have ours ammended to place a limitation on renters and we are told that it will cost about $750 to do so. However, it may not be necessary for you to ammend your covenants to enforce rules and regulations if your covenants allows the BOD to establish community guidelines (details of all rules and regulations) without homeowner approval. Please review your covenants carefully and consult with your attorney.

As for establishment of the committies, I understand the struggle. We can not get enough people to care enough to participate so right now, each BOD member heads a committee with 1, 2, or 3 members. Without homeowener participation and dedicated involvement, the job is sometimes difficult and often time-consuming. Thus, YOU will be forced to hard hard and keep the community afloat. If you can get more participation, things will run more smoothly.

I wish you much success. Please feel free to contact me anytime and I will try to share with you what I have learned over the past 2 years. Good evening.

~ ValerieS
ValerieS (Georgia)
Posts: 19
Posted:
Hi KathyG,

I'm sorry that you are having such a difficult time. Unfortunately, it appears to come with the territory.

Yes, it does cost to have the covenants ammended but it may be a necessary expense. We are planning to have ours ammended to place a limitation on renters and we are told that it will cost about $750 to do so. However, it may not be necessary for you to ammend your covenants to enforce rules and regulations if your covenants allows the BOD to establish community guidelines (details of all rules and regulations) without homeowner approval. Please review your covenants carefully and consult with your attorney.

As for establishment of the committies, I understand the struggle. We can not get enough people to care enough to participate so right now, each BOD member heads a committee with 1, 2, or 3 members. Without homeowener participation and dedicated involvement, the job is sometimes difficult and often time-consuming. Thus, YOU will be forced to hard hard and keep the community afloat. If you can get more participation, things will run more smoothly.

I wish you much success. Please feel free to contact me anytime and I will try to share with you what I have learned over the past 2 years. Good evening.

~ ValerieS
CharlesW1 (Georgia)
Posts: 826
Posted:
KathyG1,

I just like you and ValerieS live in Gwinnett Co. Yes it is indeed one of the largest growing counties in Atlanta.
I appreciate the reply. I’m learning all there is to learn about HOAs. Your advice is really helpful to me and many others that visit this site! Thank you.

I’m going to check out that web-site today.

Chuck W.

Charles E. Wafer Jr.

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