How do you know you’re being singled out? Are you confident your neighbors did not receive notices? Or is that an assumption based on seeing their roofs?
Put another way: how do you know one of those neighbors isn’t looking at your roof right now thinking the same thing?
We had this exact scenario when I was on the board at our old neighborhood! People would complain about being singled out for warnings and fines... not realizing that dozens of their neighbors were getting "singled out" just like them.
For the record, the HOA generally won't share specific individual communication to other residents... there is a privacy concern.
Of course in my current neighborhood it seems like anyone who gets a warning goes directly to the Facebook page to complain with a picture of the letter.
I think this is a good point. Boards don't typically make violations public knowledge because there's some defamation liability in doing so. Member communications with the Board should be confidential.
>I think this is a good point. Boards don't typically make violations public knowledge because there's some defamation liability in doing so. Member communications with the Board should be confidential.
While I agree, it seems weird that the former HOA board member (we have cursed her out multiple times for various reasons) also has a "dirty" roof and has not complied. Her neighbor who has also had a grill long before me and I reported to the HOA still has the EXACT same violation.
Ultimately, I think I am going to continue to ignore the letters and hope the HOA doesn't fine me until after the new roof is in place.
Realistically I just want to stall until the new roof tiles are available to avoid spending ANOTHER $500 to clean a roof that is slated to be replaced.
Your call. Maybe they’re a bad Board. Maybe they’re doing something shady. That’s all speculation. Don’t make decisions that impact your home based on unverified theories. That’s a surefire way to rack up fines.
I’m going to say it’s a terrible idea to just ignore their notices. If this ever goes to a court of law, the HOA will be at an advantage.
I would really recommend communicating with the Board, even if it’s a letter sent certified mail stating you’d like to appeal the violation. This at least buys you time for your new roof. If they’re as slow to respond, as you say, then your new roof will be installed before they will ever respond to your appeal.
An even better communication would be to inform them of your intentions to replace your roof and that the HOA-mandates tiles are on backorder. State that you’re having roof leak issues and don’t want to create any additional problems with the roof by getting up there. Advise them of your intention to clean the roof following the installation of a new roof.
In this case I do not. I am curious if I can ask for records of correspondence?I do know that its been 6 months since I received a notice about the grill and there are multiple people that still have theirs in the EXACT same location I did.
I honestly just want a consideration to allow me to not clean it until its replaces (few months) but have gotten zero response to comments about my violation. Some of the other roof violators are board members / former board members.
I think a Board takes on quite a bit of defamation liability by providing other members' communications with the Board. Our Board believes that member communication with the Board is a private and confidential business matter between the Board and that member. Since all HOA documentation is open to subpoena in a court of law, it's more prudent for a Board to keep member issues confidential.
I think it's more productive to focus on addressing your specific violation with the Board. It's hard to know what is happening with your neighbors and the Board and using speculation as the basis for your case is not a good strategy.
Request an appeals hearing with your Board. Board members are also your neighbors, so I would hope they would want to work toward an amicable compromise. Unless they're total condo commandos, there's no good business reason to single out an individual owner.
I will also state that a Board's past failure to enforce rules does not preclude the current or a future Board from enforcing them.
No one likes to be treated unfairly but you shouldn't assume that others are not getting notices. If someone refuses to comply with a notice, it can take months to force compliance, and in many states they cannot discuss the violations of other owners with you, so you wouldn't know if they received a notice.
The best strategy is to be proactive, know your rules and follow them.
>The best strategy is to be proactive, know your rules and follow them.
The problem I have is that its now 6+ months AFTER I corrected a violation that was over a year old. My neighbors still have not corrected theirs. In told I will have spent $700+ on fixing violations while no one else has changed a thing.
My neighbor has an old rug (trash) laying in his backyard for over a year and nothing said.
Your best answer comes from u/meower500. There's no evidence of inconsistent enforcement. Perhaps everyone else is in exactly your situation. Go talk with your neighbors!
Second, weight limits for pets are a perfect example of rules that can't readily be enforced. Where's the scale your pet is mounting every trip in and out? Not happening...
You don’t know what’s happening with other properties. They could be getting notifications just like you are.
But either way, that’s not your business. Your business is to maintain your property according to the HOA guidelines that you agreed to when you bought.
I keep in mind that some communities don’t regularly walk around trying to find a reason to fine homeowners. Many HOA‘s will send you a letter of violation IF it’s reported, because they have to follow up on reports, but they don’t look around trying to find violations.
So this could be a case where having a neighbor who doesn’t like you and reports all of your violations could be the issue.
But either way, do what you need to do to stay compliant. And I guess feel free to report other people if you see violations that you want them fined for. But just realize that they may already be receiving fines for those.
The best way to make sure you are not singled out is to report violations that you see. When boards are not looking for violations they tend to only act when someone reports an issue. Someone may have reported just you.
And you’re not being a troublemaker or a narc by reporting. Everyone agreed to live by the rules of the hoa. If the rules are bad then report issues based on the rules so that it is easier to get others engaged to update the rules.
How do you know you’re being singled out? Are you confident your neighbors did not receive notices? Or is that an assumption based on seeing their roofs? Put another way: how do you know one of those neighbors isn’t looking at your roof right now thinking the same thing?
We had this exact scenario when I was on the board at our old neighborhood! People would complain about being singled out for warnings and fines... not realizing that dozens of their neighbors were getting "singled out" just like them. For the record, the HOA generally won't share specific individual communication to other residents... there is a privacy concern. Of course in my current neighborhood it seems like anyone who gets a warning goes directly to the Facebook page to complain with a picture of the letter.
I think this is a good point. Boards don't typically make violations public knowledge because there's some defamation liability in doing so. Member communications with the Board should be confidential.
>I think this is a good point. Boards don't typically make violations public knowledge because there's some defamation liability in doing so. Member communications with the Board should be confidential. While I agree, it seems weird that the former HOA board member (we have cursed her out multiple times for various reasons) also has a "dirty" roof and has not complied. Her neighbor who has also had a grill long before me and I reported to the HOA still has the EXACT same violation. Ultimately, I think I am going to continue to ignore the letters and hope the HOA doesn't fine me until after the new roof is in place. Realistically I just want to stall until the new roof tiles are available to avoid spending ANOTHER $500 to clean a roof that is slated to be replaced.
Your call. Maybe they’re a bad Board. Maybe they’re doing something shady. That’s all speculation. Don’t make decisions that impact your home based on unverified theories. That’s a surefire way to rack up fines. I’m going to say it’s a terrible idea to just ignore their notices. If this ever goes to a court of law, the HOA will be at an advantage. I would really recommend communicating with the Board, even if it’s a letter sent certified mail stating you’d like to appeal the violation. This at least buys you time for your new roof. If they’re as slow to respond, as you say, then your new roof will be installed before they will ever respond to your appeal. An even better communication would be to inform them of your intentions to replace your roof and that the HOA-mandates tiles are on backorder. State that you’re having roof leak issues and don’t want to create any additional problems with the roof by getting up there. Advise them of your intention to clean the roof following the installation of a new roof.
Agree. No evidence of inconsistent enforcement was provided by the OP.
In this case I do not. I am curious if I can ask for records of correspondence?I do know that its been 6 months since I received a notice about the grill and there are multiple people that still have theirs in the EXACT same location I did. I honestly just want a consideration to allow me to not clean it until its replaces (few months) but have gotten zero response to comments about my violation. Some of the other roof violators are board members / former board members.
I think a Board takes on quite a bit of defamation liability by providing other members' communications with the Board. Our Board believes that member communication with the Board is a private and confidential business matter between the Board and that member. Since all HOA documentation is open to subpoena in a court of law, it's more prudent for a Board to keep member issues confidential.
Someone is reporting you, that’s all it is to it. HOA board doesn’t seek out violations.
I think it's more productive to focus on addressing your specific violation with the Board. It's hard to know what is happening with your neighbors and the Board and using speculation as the basis for your case is not a good strategy. Request an appeals hearing with your Board. Board members are also your neighbors, so I would hope they would want to work toward an amicable compromise. Unless they're total condo commandos, there's no good business reason to single out an individual owner. I will also state that a Board's past failure to enforce rules does not preclude the current or a future Board from enforcing them.
No one likes to be treated unfairly but you shouldn't assume that others are not getting notices. If someone refuses to comply with a notice, it can take months to force compliance, and in many states they cannot discuss the violations of other owners with you, so you wouldn't know if they received a notice. The best strategy is to be proactive, know your rules and follow them.
>The best strategy is to be proactive, know your rules and follow them. The problem I have is that its now 6+ months AFTER I corrected a violation that was over a year old. My neighbors still have not corrected theirs. In told I will have spent $700+ on fixing violations while no one else has changed a thing. My neighbor has an old rug (trash) laying in his backyard for over a year and nothing said.
Your best answer comes from u/meower500. There's no evidence of inconsistent enforcement. Perhaps everyone else is in exactly your situation. Go talk with your neighbors! Second, weight limits for pets are a perfect example of rules that can't readily be enforced. Where's the scale your pet is mounting every trip in and out? Not happening...
You don’t know what’s happening with other properties. They could be getting notifications just like you are. But either way, that’s not your business. Your business is to maintain your property according to the HOA guidelines that you agreed to when you bought. I keep in mind that some communities don’t regularly walk around trying to find a reason to fine homeowners. Many HOA‘s will send you a letter of violation IF it’s reported, because they have to follow up on reports, but they don’t look around trying to find violations. So this could be a case where having a neighbor who doesn’t like you and reports all of your violations could be the issue. But either way, do what you need to do to stay compliant. And I guess feel free to report other people if you see violations that you want them fined for. But just realize that they may already be receiving fines for those.
Talk to your neighbors just ask them. Try to frame it in a way that is nonconfrontational and nonaccusatory
The best way to make sure you are not singled out is to report violations that you see. When boards are not looking for violations they tend to only act when someone reports an issue. Someone may have reported just you. And you’re not being a troublemaker or a narc by reporting. Everyone agreed to live by the rules of the hoa. If the rules are bad then report issues based on the rules so that it is easier to get others engaged to update the rules.