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RobertR1
(South Carolina)

Posts:2522

04/03/2008 3:14 PM
BobT2, Wrong again Bob, I am not a Board member. But I know something about associations and I know something about my association after 18 years. None of them are perfect, hope yor're not surprized. But on this site we have got some damn fine Board members and other posters. We have Professional Managers, we have lawyers, we have managers, we have folks thinking about residing in HOA's. Believe it or not you and I are kindred souls and we just happen to have had different experiences. It is easy to fall into the trap of hating all boards, been in there and out more than once, but if you want to hear the truth as I see it, when you wipe away all the crap from this kind of associations , what you have left is the owners and there is where the power lies and there is where the blame rests. The documents, as bad as some are, have provisions to protect the owners, if the owners want to be part of the solution. I think Donna has been as direct as possible but she can't know what your documents state. She knows tons about Florida Laws, etc, she is a student of the documents and everyone that has answered you has a great deal of knowledge and know what they are talking about.

BobT2
(California)

Posts:43

04/03/2008 3:15 PM
THANK YOU an answer to my question. For the record if I offended anyone I am sorry. This is my first experience with the whole board deal. For someone to come on and accuse me of being a dishonest liar and attack my character kinda of got the best of me. I understand that people give their opinion free of charge but that does not allow them to assume someone that is new to this situation is a liar and a sneak. Is it possible that I just don't understand how this works? Maybe just like people on this site, my board is also ASSUIMING that I know what the heck they are talking about. So I guess since I have requested from the board the actual violation code reference and have never gotten a response I will just ignore the rest of the letters that come every month. I can understand that the board is doing this for free and all that stuff but they still have the duty to give a member a code or letter that says "Bob you are in violation or CCR Section XXX please fix this within XXX days or we will fine you."

MicheleD
(Kentucky)

Posts:1866

04/03/2008 3:26 PM
Yes, except you already admitted that you know what the violation is and you refuse to correct it. You want to use their continued (alleged) violation of the same CC&R as an excuse to continue your violation. It's highly possible that they do have a record of a correspondence they sent that laid out the violation, and somehow, some way, it never made it to you. In cases like that, the law assumes delivery if it was placed in the United States Postal Service. They would have stronger standing if it were sent certified or return receipt, but that's their cross to bear. However, they should have a copy of that communication in their files, and yes, they should give you that information. Nobody here, including me, ever said otherwise. And, by the way, your question was answered by almost everyone who posted after you, including me, based on your original post. It apparently just wasn't the exact info you wanted. But you know what CC&R you are violating, you just don't agree with their definition of it. The way I see it, I suppose you could just let this play out in continued fines, until such time as it elevates to a lawsuit.

BobT2
(California)

Posts:43

04/05/2008 11:24 AM
I did some more talking to homeowners and have learned from a board member that The other members of the board have gotten all my letters, calls ect. and the plan is to ignore them and continue to fine me on a monthly basis until we move our truck. She also told me the following: -we are the only ones being sent letters. -part of the reason they are not responding to us is because they agree that the ccr and rules are not clear and They are going to change the rules in 45 days to state that my truck is not allowed while making it fine for other pickups, company trucks with lettering to park in the drive. This will allow the other board members that have large pickups with lettering on them to park. -They are not going to fight this because they dont have enough money. They are going to back me into a corner with monthly fines until we either pay or start a lawsuit and then they said their insurance will cover it and they wont need to tell the homeowners. -they have been having what the minutes say are "Special Meeting" but only the board has been at these meetings and it has not been open to anyone but the board. (I was shown a copy of the minutes) After seeing all the information I now know that this is a case of Selective enfocement. The board member I spoke to told me to take pictures with a date stamp and keep an album and that she said to much at the meetings she was afraid they would just stop telling her things. She is trying to find out what to do. I told her to go on this website and ask questions. So yes my anger and frustration are warranted.

JaneK
(California)

Posts:175

04/05/2008 12:12 PM
Posted By BobT2 on 04/05/2008 11:24 AM -we are the only ones being sent letters. read http://www.californiacondoguru.com/bmfaqs.html “What is the #1 problem board members face?” Document, document, document, take pictures, talk to your neighbors and get them together. -part of the reason they are not responding to us is because they agree that the ccr and rules are not clear and They are going to change the rules in 45 days to state that my truck is not allowed while making it fine for other pickups, company trucks with lettering to park in the drive. This will allow the other board members that have large pickups with lettering on them to park. . If they are going to change the rules the board must follow CA CC 1357.100 – 1357.150 You can fight the rule. Read what the law says about rules http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=42073124227+0+0+0&WAISaction=retrieve -They are not going to fight this because they dont have enough money. They are going to back me into a corner with monthly fines until we either pay or start a lawsuit and then they said their insurance will cover it and they wont need to tell the homeowners. They should tell you in every letter what rule/CC&R you are violating. Have you been notified of a hearing? From www.Davis-Striling.com: “Penalties, such as fines and suspension of privileges, cannot be imposed against a member unless due process has been followed. "Due process" is procedural fairness in the board's decision-making process. The elements of due process include: 1. Giving the accused notice of the alleged violation; 2. Providing a reasonable opportunity for the person to defend him/herself in executive session; 3. Knowing the identity of the accuser with an opportunity to cross-examine the witness; and 4. Giving the accused an opportunity to examine and refute the evidence.” Applebaum v. Board of Directors (1980) 104 Cal.App.3d 648, 657; Carson v. Glass Bottle Blowers (1951) 37 Cal.2d 134, 144; Aluisi v. Fort Washington Golf and Country Club (1995) 36 Cal.App.4th 799; Civil Code §1363(h); Civil Code §1363.05(b); Corp. Code §7341(c)(3) Updated 3/5/2008” Look up fines -they have been having what the minutes say are "Special Meeting" but only the board has been at these meetings and it has not been open to anyone but the board. (I was shown a copy of the minutes) “Special meetings” are allowed under CA CC 1363.05, however they are subject to the same notice requirements as a regular meeting and must be open. Jane

JaneK
(California)

Posts:175

04/05/2008 12:13 PM
Sorry, This was my first attempt at quotes, didn't get it quite right, hope it all makes sense. Jane

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