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Old 05-21-2009, 11:54 AM
 
1 posts, read 8,464 times
Reputation: 10

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Our new management company has determined that some of our rules are not being followed and is sending letters/fining homeowners in our community. The previous management company claimed that our rules/by-laws were too vague and could not be legally enforced in regards to our exteriors.

I have been both secretary and president on our board and do not recall nor can i find any rule or regulation limiting what homeowners can place outside their units.

To be exact, for five years I have had a small plastic waste basket that I use for dog bags and empty each week hidden (next to hose container)from general view in front of my unit. Our property manager just noticed it and has threatened to start fining me if it is not moved. I learned at a Weissman/Nowack seminar that there is a two year statute of limitations for exterior alterations to units (but cannot find the statute online). Would this statute apply to my waste basket? Does anyone know where I can review this statute? Also, is the management company able to change what they think is allowable in front of our units at any time?

FYI - our current President even agrees that our property manager appears to be targeting me


Thank you in advance for any help you can provide.

Last edited by MinSS; 05-21-2009 at 11:57 AM.. Reason: another question.
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Old 05-21-2009, 12:31 PM
JPD
 
7,932 posts, read 8,219,056 times
Reputation: 3649
Did they say where exactly they'd like you to move it? Seems to me you could move it a couple inches and then tell him to f off.
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Old 05-21-2009, 01:21 PM
 
593 posts, read 1,717,358 times
Reputation: 258
Are you still on the board?
Your HOA is the customer of the management company.
You call the shots. Your B.O.D. needs to put the smack down on the management company and say no more extraneous letters or all letters must be approved by someone on the board before being mailed out. If they don't start treating the board like the boss then they should be fired. These management companies get paid a lot of money out of YOUR dues. If they aren't doing their job to your satisfaction, find another management company.
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Old 05-21-2009, 06:12 PM
 
Location: Acworth
1,350 posts, read 2,585,285 times
Reputation: 436
Have not heard of limitations. The covenant is active until dissolved legally.
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Old 05-21-2009, 06:34 PM
 
9,125 posts, read 23,748,232 times
Reputation: 3346
I don't believe a trash can would fall under the term "exterior improvement"- it'd be covered by whatever the covenants say about trash cans, which is typically that they can't be seen from the street. In that case, your can needs to go.

Is it really worth getting riled up about, writing letters, etc.? Wouldn't it just be easier to move the can?
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Old 05-22-2009, 10:46 AM
 
Location: Mableton, GA USA (NW Atlanta suburb, 4 miles OTP)
9,913 posts, read 14,629,281 times
Reputation: 2747
Quote:
Originally Posted by cityrover View Post
Have not heard of limitations. The covenant is active until dissolved legally.
Our HOA has been in force since the subdivision started to be built in 1987, so some houses are over 20 years old now, but while some aspects of covenant enforcement had been allowed to slip over the years, attention to covenant enforcement is being renewed now, and I think most of the residents in our subdivision support the effort.

If an enforcement limit exists, it will be explicitly specified in your HOA convenant documents. In my limited experience, though, such limits are not at all common. The whole point of most covenants is value retention over time.
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Old 05-27-2009, 12:52 AM
 
Location: Colorado Springs, CO
1,571 posts, read 3,512,814 times
Reputation: 1317
I'm not aware of a statue of limitations. Laws govering HOAs are usually found in your state statues.

There may be case law that has found that a Rule that has not be enforced has been rendered unenforceable.

Even at that, I think the Board and/or mgt. would have had to known about an infraction and avoided enforcement.
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Old 05-29-2009, 12:21 PM
 
269 posts, read 703,532 times
Reputation: 90
Quote:
Originally Posted by BobKovacs View Post
I don't believe a trash can would fall under the term "exterior improvement"- it'd be covered by whatever the covenants say about trash cans, which is typically that they can't be seen from the street. In that case, your can needs to go.

Is it really worth getting riled up about, writing letters, etc.? Wouldn't it just be easier to move the can?
I'm with Mr. Grownup. Someone obviously thinks it's an eyesore, the best thing to do is just move it and forget about it. Then pat yourself on the back for being such a good neighbor
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Old 05-29-2009, 12:36 PM
 
Location: Originally from Cali relocated to Inman Park/Old 4th Ward/Westside Atlanta
986 posts, read 2,667,555 times
Reputation: 337
Quote:
Originally Posted by MinSS View Post
Our new management company has determined that some of our rules are not being followed and is sending letters/fining homeowners in our community. The previous management company claimed that our rules/by-laws were too vague and could not be legally enforced in regards to our exteriors.

I have been both secretary and president on our board and do not recall nor can i find any rule or regulation limiting what homeowners can place outside their units.

To be exact, for five years I have had a small plastic waste basket that I use for dog bags and empty each week hidden (next to hose container)from general view in front of my unit. Our property manager just noticed it and has threatened to start fining me if it is not moved. I learned at a Weissman/Nowack seminar that there is a two year statute of limitations for exterior alterations to units (but cannot find the statute online). Would this statute apply to my waste basket? Does anyone know where I can review this statute? Also, is the management company able to change what they think is allowable in front of our units at any time?

FYI - our current President even agrees that our property manager appears to be targeting me


Thank you in advance for any help you can provide.
Follow the rules and move the basket! You knew what you were getting into when you moved into a town home community...I hate when people blatantly disrespect the rules. Just keep it simple and follow the rules.
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Old 05-31-2009, 06:23 PM
 
210 posts, read 509,480 times
Reputation: 72
Quote:
Originally Posted by MinSS View Post
Our new management company has determined that some of our rules are not being followed and is sending letters/fining homeowners in our community. The previous management company claimed that our rules/by-laws were too vague and could not be legally enforced in regards to our exteriors.

I have been both secretary and president on our board and do not recall nor can i find any rule or regulation limiting what homeowners can place outside their units.

To be exact, for five years I have had a small plastic waste basket that I use for dog bags and empty each week hidden (next to hose container)from general view in front of my unit. Our property manager just noticed it and has threatened to start fining me if it is not moved. I learned at a Weissman/Nowack seminar that there is a two year statute of limitations for exterior alterations to units (but cannot find the statute online). Would this statute apply to my waste basket? Does anyone know where I can review this statute? Also, is the management company able to change what they think is allowable in front of our units at any time?

FYI - our current President even agrees that our property manager appears to be targeting me


Thank you in advance for any help you can provide.
The rules probably can not be enforced if they are too vague. Many times there needs to be a vote from homeowners to make changes to the covenants.

On the other hand, if a property management company is trying to clean up the community, that can be a big plus for your appreciation, and many people will just adapt and make the change (for example moving the basket) in case it is a potential eyesore. It is not like you are being asked to move a high priced item.

You do probably have the right to keep the basket there though, but how much money are you willing to spend in order to keep it there would be the question.

If you do believe you are being targetted personally, you do have the right to sue the property management, on an individual basis, as they can not hide behind the covenants in regards to harrassment. Just the problem you may have is how do you prove monetary damages.
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