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New HOA Rights to fine homeowners -- too broad?

Discussion in 'Broadlands Community Issues' started by VinnyL, Jul 13, 2002.

  1. VinnyL

    VinnyL New Member

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    OK -- not sure if everyone saw the new Resolution of the Board of Directors regarding Policies and Procedures Regarding Violation of Gaverning Documents.

    If you have -- I have a concern that the resolution is way to broad and vague and could be abused. Please read the following and tell me if I am a just a little paranoid or if you agree. Mind you -- I understand and completely agree with the spirit of the attempt, I am just concerned with the process. I'm also a little dismayed that the various board members accepted this as is.

    Section I
    Indicates that someone MAY make initial attempts to secure compliance...
    What assurances are there that there will be an attempt. What record will be kept that an attempt will be or was made?

    Section II
    I'm a little concerned that there is no requirement to notify the homeowner of an investigation.

    Section III
    Is there ever a possibility that a hearing is determined to be necessary by one person (Are there any committees that are just 1 person?). If so, this section is ripe for abuse. Can a committee determine a hearing is necessary for areas/violations not in their purvue? (i.e. the web committee decides that someone's fence is not in accordance to architectual guidelilnes)

    Section IV
    What evidence needs to be presented against the charged party. Can a hearing actually exist without any evidence?
    Who makes the decision -- again this area is ripe for abuse -- can the decision by made be a single person? There is nothing in here that says who can or will preside over a hearing. Can a decision by the Association be appealed to a different group of people?

    Section B
    Who decides if the hearing is private? If this is all to try and get all members of the community to observe rules and regulations, shouldn't it be mandatory to post all hearing and fines (with the possibility of keeping the person's names private?)

    Section D -- implies that the association may assess charges before the hearing -- this is clearly not acceptable given that a hearing could be 14 or more days from the first notice --- thus a potential fine to the homeowner is a minimum $140.

    Furthermore -- what matters of record shall be kept of the proceedings? What notice to the association and members shall be made after a hearing? (If the true goal is to raise awareness and prevent future offenses, then these should be made public) What will be done with the fines collected?

    Again -- in concept, I agree with it's purpose -- what I don't want to ever see is a mechanism put in place that would allow the assocation to abuse it's members -- one in which someday, somehow, for some reason could be an episode on Dateline because of such an abuse (not sure if everyone saw that episode).

    Vinny


    Vinny
     
  2. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    Vinny,

    I fully agree with all your points. Once again, the Board of Directors has decided to pass a new resolution and has failed to get resident's input. I may be wrong, but this is the first time I have heard about any 'fines' that can be levied upon residents of Broadlands...

    Another concern is the level of 'subjectivity' that is involved in the process. If members of a 'committee' are sent around left and right checking on the 'compliance' of their neighbors, I find the process rife for abuse. Especially when these committee members are volunteers. I for one am very leary as to how 'fair' the process currently in place is. I understand the need for 'rules', etc, and I am not proposing their abolishment. My problem is how one person can do something one summer and get a 'blind eye' from committee members, and someone else doing something the following year and getting slammed with violations. Before anyone says this is not true, talk to people who got cited in the past, then look around the community. Add to this the 'incentive' that the board now has for using this process as a 'source of income' and you can see how dangerous this whole process/procedure can be...

    It's my belief that any 'rule' that has the potential to hit the wallet of any Broadland's resident, should be discussed and be reviewed by the residents themselves before it is accepted.

    Of course, this is probably all a moot point, since as long as the residents can be overturned by the 'Developer Majority' currently running the Board, they can do with us as they wish...

    My 2 cents....
     
  3. hornerjo

    hornerjo Senior Member

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    I agree. What this is going to mean is that those people who's houses are right on the paths will be subject to constant scrutiny. And what happens if, for example, my deck was accidentally stained the wrong color by a contractor and a neighbor writes me up and I get fined $10 a day for a month until they finish stripping and restaining it?

    I tell you what, the moment something like that happens you can bet I'll be all over the community writing up every infraction I can find - especially if I find out who wrote me up to begin with without first informing me of the infraction to fix it on my own during a grace period.

    John

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