Having Problems with Your HOA?

Eventually, everyone has a run in with the board.  It's just one of those things everyone gets to experience.  When trying to clear up bogus violations there are things you need to know that will make all the difference in the world. 

If your getting violations for something that doesn't exist on your property look to see if it exists on your neighbors property.  If it does then you could just take the violation to your neighbor and ask them to fix the problem.  If the problem doesn't exist on your property or the neighbors or they are snowbirds, renters, or don't fix the problem.  It's time to see who is really sending out the notices. 

Boards typically will give the management company the authority to send out notices without board consent and provide a monthly report to the board.  Other times a specific board member is responsible for sending them out and will do a monthly report for the rest of the board.  If management does the violations then call them and either tell them the violation should go to your neighbor.  If you talked to your neighbor about it let them know.  Or ask them to come out and show you where on your property the violation exists if a photo is not included. 

If you need to fight the violation you need to get a copy of the following documents; CC&R, Rules, and Board Policies.  If the violation comes with a photo see if you can determine the vantage point the photo was taken.  Is it inside the community or outside the community?  Does the board have a policy of evaluating properties for violations from common areas only?  Does it have a policy that states that certain things must not be able to be viewed from the streets?  The CC&R should give you the definitions of what common area means and what streets mean.  Now read the rules and the CC&R to see if anything in the rules violates the governing documents or if the policies violates the CC&R.  Write down all the relevant information.  Like; photo was taken from an unfair vantage point from outside the community on public or private land; board policy is to evaluate homes from common area only; CC&R defines streets as being inside the community, etc.  Then read the rules and regulations and follow the procedure to the letter to contest the notice. 

The most important thing for you to do is stay calm and do not play their games. For one reason or another board members like to play games. The game is being a bully and switching the blame. They will intentionally provoke you into doing something that will switch the roles from you being the victim to being the aggressor. They want to piss you off and frustrate you because that is what everyone will remember. So, stay calm and be nice don't ever raise your voice to them or make any comments or remarks to indicate you are getting upset. Bullies don't give up and will turn up the heat if they are really trying to target you. Just don't play their game, the courts are no longer turning a blind eye to homeowners getting bullied by board members.