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KirkW1
(Texas)

Posts:1190

08/23/2008 8:00 PM
So here is my question to the idea of a BOD choosing to not enforce a rule: What if the point of the HOA. I see two reasons for the existence of an HOA: 1) Covenant enforcement 2) Maintenance of common property. The rules should reflect the desire of the membership. And if the membership doesn't want to see the Hummer, then the BOD should work to stop them from seeing the Hummer (regardless of their personal feelings). If on the other hand, the membership wants to allow Hummers in the drives the BOD should work to change the rules. In Donna's situation I think they did just what they should. Check with the membership and follow the desires.

GeorgerwilliamsW
(Indiana)

Posts:771

08/24/2008 6:50 AM
Posted By KirkW1 on 08/23/2008 8:00 PM So here is my question to the idea of a BOD choosing to not enforce a rule: What if the point of the HOA. I see two reasons for the existence of an HOA: 1) Covenant enforcement 2) Maintenance of common property. The rules should reflect the desire of the membership. And if the membership doesn't want to see the Hummer, then the BOD should work to stop them from seeing the Hummer (regardless of their personal feelings). If on the other hand, the membership wants to allow Hummers in the drives the BOD should work to change the rules. In Donna's situation I think they did just what they should. Check with the membership and follow the desires. Kirk, Couple of thoughts. In our nation there is a expression of public policy that protects minorities from the tyranny of the majority. (There is also the tyranny of the minority, but I won't get into that here.) Protections are established to protect minority rights and freedoms. In my way of thinking, if the automobile is registered as a private personal "passenger" vehicle, then the board should stay out of it, regardless of the type of chassis, etc. If the vehicle is registered as a commercial vehicle, an RV, or something other than a private, passenger vehicle, their is a legitimate reason to act.

RW1

Posts:0

08/24/2008 11:22 AM
The OP: "Our docs read no, trucks or any vehicle built on a truck chasis. We have a want to be new owner who said the Hummer is listed as a SUV. After lots of research, I found it is built on a truck chasis, but when you go to reg. it it says SUV! Now this Hummer does not fit in garage, so thats out. They are threating to get attorney. Ford Expedition, does any one know out there if that SUV is on truck chasis....the other board allowed one in here thinking its a SUV. He had ti sell his truck after many letters and attorneys fees( he had to pay) the truck had to go..now I wondering OK out there.......Thanks in advance....LaVerneB--Florida" ------------------------------------------------------------------------ In this case there has been no complaint (yet disclosed) from the MEMBERSHIP. It appears to be someONE fishing. Maybe even with a bias (against renters, nice cars, etc.) Check your docs. I doubt you'll find any language regarding duties of an Officer or Director, or directives regarding the operation of the corporation, which says or includes (and I'm paraphrasing here): "you must go look for violations" and "you must do so with this or that regularity". The MEMBERSHIP should decide what is a violation and what is not. Why would you worry about "... 216 homeowners that will be down my back, in no time flat!" And...No, I would not: "Just brush off members who are clearly calling on a Board to take action?" If a MEMBER or group of MEMBERS has a problem there are adequate provisions (in FL.) for the membership to address or request items of be put on the agenda. They [members] have a legal obligation to voice their concerns within the due process described by. PUT IT IN WRITING. (Fish or cut bait) THEN the BOD must address it. AS THEY SEE FIT. But, it is AT THE REQUEST of the MEMBERSHIP. It's not that hard.

RW1

Posts:0

08/24/2008 11:29 AM
REPOSTED due to typos... The OP: "Our docs read no, trucks or any vehicle built on a truck chasis. We have a want to be new owner who said the Hummer is listed as a SUV. After lots of research, I found it is built on a truck chasis, but when you go to reg. it it says SUV! Now this Hummer does not fit in garage, so thats out. They are threating to get attorney. Ford Expedition, does any one know out there if that SUV is on truck chasis....the other board allowed one in here thinking its a SUV. He had ti sell his truck after many letters and attorneys fees( he had to pay) the truck had to go..now I wondering OK out there.......Thanks in advance....LaVerneB--Florida" ------------------------------------------------------------------------ In this case there has been no complaint (yet disclosed) from the MEMBERSHIP. It appears to be someONE fishing. Maybe even with a bias (against renters, nice cars, etc.) Check your docs. I doubt you'll find any language regarding duties of an Officer or Director, or directives regarding the operation of the corporation, which says or includes (and I'm paraphrasing here): "you must go look for violations" and "you must do so with this or that regularity". The MEMBERSHIP should decide what is a violation and what is not. Why would you worry about "... 216 homeowners that will be down my back, in no time flat!" And...No, I would not: "Just brush off members who are clearly calling on a Board to take action?" If a MEMBER or group of MEMBERS has a problem there are adequate provisions (in FL.) for the membership to address or request items of be put on the agenda. They [members] have a legal obligation to voice their concerns within the due process described by law. i.e.PUT IT IN WRITING. (a.k.a fish or cut bait) THEN the BOD must address it. AS THEY SEE FIT. But, it is AT THE REQUEST of the MEMBERSHIP. It's not that hard.

KirkW1
(Texas)

Posts:1190

08/24/2008 6:41 PM
RW, I respectfully choose to disagree on your stance. I do not think sitting back and waiting for an owner complaint is the best policy. I know in my neighborhood that many of the residents do in fact want active (even) enforcement of the covenants. While they may want that enforcement to be lighter then it was under developer control, they want it to remain. And believe it or not, I have met a couple people who do not care to ever live in an HOA that is out of developer control. They much prefer the developer control with a management company that takes care of the whole thing. If trucks have been prohibited in the neighborhood then ignoring the appearance of the Hummer is a breach of moral and fiduciary duties. Perhaps the neighborhood does prefer to consider the Hummer to be an SUV not a truck. But the BOD should not just sit back and wait to see if there is a complaint.

DonnaS
(Tennessee)

Posts:2951

08/25/2008 7:19 AM
To RW, RW1 (Florida) Posts:101 08/22/2008 10:05 PM Quote Reply Is a Hummer built on "a truck chassis? Please [BOD] don't spend my money to find out what a Judge thinks! Fiduciary Duty: Noun The legal duty of a fiduciary to act in the best interests of the beneficiary. SO, FUDITUARY DUTY TO YOU MEANS THAT NO ACTION SHOULD BE TAKEN UNLESS THERE IS A COMPLAINT FROM A MEMBER? IT MEANS DON'T SPEND MY MONEY ON A VIOLATOR? SIR, WITH DUE RESPECT, WHERE DO YOU COME FROM?

RW1

Posts:0

08/25/2008 7:39 AM
Try opening your mind to someone else's point of view. Don't ridicule or try to "call out" those who don't agree you.

GeorgerwilliamsW
(Indiana)

Posts:771

08/25/2008 7:47 AM
Let's not go off the deep end, here folks. "Fiduciary duty" is open to reasonable interpretation. It comes back, in part, to the shall/may argument regarding enforcement of covenants. Part of the fiduciary duty a board exercises is to determine how and when to enforce covenants. It may be a judgment call. I don't know Florida law, so I will remain silent as to the specific issue at hand. Frankly, I don't know how one defines a "truck chassis." But like Kirk I do not like Hummers. In Hoosierland it is easier to distinguish between private passenger vehicles and other types of vehicles. The DMV makes the distinction. Private passenger vehicles are OK, other types of vehicles (commercial, trucks, buses, trailers, RVs, etc.) are not. Unfortunately, a Hummer can be licensed as a private passenger vehicle.

DonnaS
(Tennessee)

Posts:2951

08/25/2008 9:26 AM
George, I'm in my "time out corner" (I do not like Hummers either)

DwightT
(Idaho)

Posts:483

08/25/2008 10:23 AM
What ever happened with GM's "review" of the Hummer line? I was hoping that the whole thing would be scrapped. BTW: while looking around for info on the Hummer, I found this article about Hummer vandalism in a neighborhood. If you have owners leaving their Hummers out, they might want to read it.

KirkW1
(Texas)

Posts:1190

08/25/2008 11:52 AM
>What ever happened with GM's "review" of the Hummer line? I was hoping that the whole thing would be scrapped. There is no way that they will choose to scrap the cash cow as long as it is delivering the sweet milk of profit.

JohnK3
(Pennsylvania)

Posts:568

08/25/2008 11:58 AM
Hummer Rage? Here on HOATalk? Nah. Couldn't be!

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