We aren't required to hold hearings to assess fines.
Required or not, you should. Fining without a hearing is how you show you aren't willing to listen and piss off owners.
So if the CCRs clearly state:
No exterior construction, addition, erection or alteration shall be made unless and until the plans and specifications showing the nature, kind, shape, and height, materials and location shall have been submitted in writing to the Architectural Control Committee.
The homeowner willfully ignored the CCR, we should waste our time with a hearing? Quite honestly nothing they could say could justify it.
We tried the easy, receptive approach initially and it didn't work. At this point I could care less about pissing a homeowner off if they willfully ignore the rules they agreed to as part of living in a neighborhood with a HOA.
What state are you in?
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I agree there is no such thing as perfection. The hope is that having outlined expectations in place will cut down on rejected ARB requests and mitigate appeals (we do have an appeal process). If a rule is set that says you can't have a star shaped paver, or a hot pink paver, owners shouldn't buy those or submit an ARB for them either; knowing they'll get rejected.
True. Coming up with pre-approved guidelines is nice. Ask the ARB what they would like, to start. Trust those you put in power.
Interesting you should phrase it that way. Technically, our ARB committee has no power. They review requests and provide to the committee chair (a Board member) their approval or rejection of the request with explanation. The chair then takes that suggestion with explanation(s) and brings it to the Board for final approval.
I chair our landscape committee and it works the same way. They are granted access to quotes to review then approve/reject, they can also make suggestions on landscaping and grounds needs, wants, etc. But they have no decision making authority. I bring all that to the Board and we make the decision.
How we run our committee's in this manner was going to be something else I posted about at some point, but might as well ask it now.
Lots of committees work that way, and it's fine, but getting their input on what they would like to see is smarter than asking what other Associations use.
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Well that certainly explains how you know so much then. Kudos for your knowledge
Lol, thanks. Thr CMCA stands for Certified Manager of Community Associations - my actual credentials.
Certified Manager of Community Assocuations
Confidence is high
I'm on my cell phone and have really fat thumbs
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Who the fuck does she think she is? Find out how much the pool factors into your dues and sue em in small claims
You can't sue for the pool being closed.
NAL, but it seems to me that if the pool is advertised as a selling point for buying a home in the community, the HOA dues are used to maintain the pool (and outlined in the CC&R/HOA documentation), and the pool is NOT being maintained, then the homeowner should be able to sue based on lack of access/availability of services/amenities that they pay for in good faith.
Except you aren't a renter and the Board or hoa isn't the land lord.
The owner of a unit is part owner of the HOA, and things happen. When you buy a house, things break and need to be fixed. You don't get compensation for its down time.
This varies by state in what's allowed. In California the Board should only communicate at a meeting, except to plan a meeting.
California law prevents associations from stopping individual room rentals...
But as associations can limit rentals, if the unit can't be rented, then they can block all rental, except if the homeowner lives there and rents out a room, that's a roommate and not a rental unit.
The homeowner did the right thing. The management company is how you are supposed to communicate.
Fix their damages. They likely won't get the other stuff.
Fire your management company.
This isn't uncommon, my parents HOA owns 12 tennis courts and 27 golf holes. As the membership has aged, usage is down. Outside use has allowed the amenities to be upkept.
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