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Rules enforcement â sometimes I wonder which is the bigger headache â that or finances!
I wouldnât discuss specific homeowner violations in an open board meeting â those should be reserved for executive session after youâve sent a violation notice. If the person doesnât fix the problem within a certain time, you can request he/she attend a violation hearing or some such to explain whatâs going on. Or you can use that to listen to any appeals the homeowner may request.
In our community, we donât allow major car repairs either (changing a flat or jumping a dead battery is fine), so if you donât have a rule on what is or isnât acceptable, check your documents to ensure the board can set rules and then do it.
Thatâs how you can address the car repair work, but youâll need to decide how far you will push if the homeowner tells you to go *&&^% yourself. This is why itâs best to ask homeowners which violations or plain old bad behavior gets on their nerves the most and then draft rules from that â without buy in from the homeowners as to why enforcement is important, youâll find it very difficult to make a difference.
In fact, you must start there if things escalate to where you wind up in court because your attorney is right â a judge might say nothingâs been enforced in 20 years, why are you starting now? You need to:
1. educate the homeowners on why CCRs are necessary, acknowledge nothingsâs been done to date, but starting now, people get ready, a new day is coming
2. Poll the homeowners as to what the problem areas are, then prioritize the biggest ones, as thatâs where youâll start
3. draft and then establish rules where the CCRs are silent -after you send the drafts to the homeowners for their comments), decide how theyâll be enforced
4. send everyone a letter announcing the new policy and when it takes effect. You might consider a 6 month to one year period of leniency, where no formal action will be taken so homeowners have a chance to clean up their act. After that period, start your rule enforcement in earnest and hang on for a wild ride.
As Iâve said in previous posts, there will be pushback, people will scream and threaten you with recalls lawsuits and all that BS, but the board must be resolute. If you can hang on for a few years, make sure you keep everyone in the loop and are fair and consistent, most will see the light and get behind you. If not, at least you tried.
Oh, yeah, some of this will require money, so you may as well tell everyone that fee increases are coming (how else will you maintain what the associationâs supposed to maintain?) Itâs not about kicking people around, but a matter of ensuring financial stability and ultimately the cleanliness and attractiveness that HOAs are supposed to be doing. If the homeowners wonât clean up after themselves, but want their property values to go up, theyâll have to pay someone to do it for them.
Now about the rest of your issues:
Melissa may be right about the port-a-potty in the construction area. It may not be a good look, but as long as it doesnât stink, leak or attract vermin, this homeowner will just have to wait until the construction is done â or let the workers use HER restroom when necessary.
Regarding the hoarders who seem to be turning their front porches into the set from Sanford and Son â keeping pianos, refrigerators and that crap out in the open could be a health department issue because it attracts vermin, so check with them to see if a complaint can be made that way.
Not sure whatâs going on with this common area path â why is the homeowner mowing it? If itâs the association responsibility, it should be handling the maintenance. If the homeowner is trying to make a path on association property, tell him/her to stop it. That might not help random people walking across the neighborsâ property though â in fact, some people waltz through yards with or without fences. Before you get into this however, ask the complainer if sheâs spoken to her neighbor about this â she should try that first while you figure out if the association is responsible for that patch of land â if not, sheâll have to settle this with the neighbor on her own.
The neighbor living between the two rundown properties â that is the primary reason we have CCRs â one of the goals is to ensure that the original look and design of the community is maintained, not to mention help ensure that the entire neighbor looks clean and attractive, because no one wants to live next door or across from a slob. Beyond rule enforcement though, the association canât guarantee anyoneâs house will sell. If there are association rules being violated by the neighbors you may be able to address that part, otherwise, we may have dispute between neighbors and theyâll have to work it out themselves.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius