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Old 02-13-2016, 04:29 PM
 
Location: Morrisville, NC
9,144 posts, read 14,759,495 times
Reputation: 9070

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I know our HOA has specific language stating lack of enforcement on any issue does not constitute approval or stop enforcement at another property for the same issue.
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Old 02-13-2016, 04:30 PM
 
163 posts, read 273,355 times
Reputation: 244
Quote:
Originally Posted by SmartMoney View Post
As someone that now serves on the board of directors of an HOA and someone that fought to disband a prior HOA, not all HOAs are created equal. Chances are, not cleaning up after your dog is breaking a general public law. If they had photographic evidence, they likely would have filed a formal complaint with the police. We had a family take a refrigerator and put it on their front sidewalk. No chains or rope to keep it tied shut, just sitting there for any kid to play around in. (They refused to come to the door when someone knocked on their door). We tried to report it to the police for littering of unlawful disposal, but we were told they could only site someone if we had a picture showing who put the fridge there. It sat there for 48 hours before the HOA hired someone to haul it away.

Don't worry about what they are saying, worry about yourself and make certain you are following the rules. I agree and seriously doubt there's a picture or you would have been presented with it. The three biggest repeat offenses in our HOA are doggie doo, unlawful disposal/trash, and parking. I think eventually, all will fade. But most of all, don't let them get to you. You pay to live and ENJOY your home. You've already lost the battle if you cannot find peace in when home. Tune them out and they can't win.
Thank you!

We are very diligent about following rules of the HOA at all times. I'm not worried about having actual violations but worry that false accusations like this can lead to fines, etc. I'm worried about politics (finding a scapegoat, bullying, etc) The manager said via phone, "three of your neighbors identified you, one being a board member so I'm inclined to believe this is true!". It's so easy to spew lies about someone else. I feel like I have not established a relationship with the community/HOA just yet (been here for under half a year) and just with that, people are inclined be be doubtful about us. Also, among everyone else on our street, why did the neighbor accuse us to be the owners that car on the guest parking?!
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Old 02-13-2016, 04:41 PM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,738,350 times
Reputation: 6945
Quote:
Originally Posted by BroadwayDiva View Post
I am trying to be calm about it. I think i might buy a go-pro cam to record our daytime walks within the neighborhood.

I dont know what evidence I can present to prove we DO pick up?! It's us against 3 accusers! I don't know what made them decide LIE about us.
The bottom line for you is simple. Either they have a video of you allowing your dog to poop and then walking away from it, or they have nothing. Photos are not moments in time. They can't show what occurred in the moments before or after. The only conclusive evidence they can have is video that unquestionably shows you leaving poop behind. Even a video of a dog without you in the frame is insufficient. Make this clear to them. They already know it but let them know that YOU know it, too.
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Old 02-13-2016, 04:46 PM
 
15,638 posts, read 26,247,288 times
Reputation: 30932
Quote:
Originally Posted by SmartMoney View Post
Sorry, not buying it, your argument was if others do it and you should be able to, or you can cry unequal treatment. We do not air violations among the community, but those in non-compliance know their status. If someone files a complaint, they are the only ones, besides the homeowner in noncompliance, that knows of the action by the ACC. But if someone whines because they can't violate the rules like their neighbor, the two wrongs defense doesn't hold up. We can back up with ACC violations, notice after notice that their neighbor, and now the whiner, are all equally being treated the same.

Some HOAs, like your former home just are not equipped to manage, or they would have found a similar solution and had the paperwork to support equal treatment. It most definitely stops buyers in their tracks (the exception being the investor buying below market). But then again, they probably thought they hit paydirt when someone in noncompliance went on the market and didn't interfere with the sale.
Sorry -- I'm not buying your argument. If I wanted to do a yard like another's and was told no, then I backed it up and said but 105 did it, 209 did it, if those units were in violation, the answer would still be no. The association wouldn't throw their collective hands up and approve something that was against the CCR's.


I've seen it happen with door stickers. One elderly woman wanted stickers for the front door to notify emergency workers an elderly person, or ill person or pets were in the unit and may need assistance. Shot down -- no stickers on the doors allowed. Soon after some wing nut decided her lucky number was 6, and her unit number was now 5236. Um, no. She bought 6's and plastered them on her mailbox, her door, her unit number plaque, and then scratched it into her plaque. Yeah -- I fixed that, charged her and the fines racked up. She finally sold. YAY.... but still -- was not allowed to get away with it.


I saw it happen with balcony flooring. Someone tiled their balcony, in clear violation -- fines, threats and it's taken forever but very soon there will be a foreclosure -- but it's taken years. When someone else wanted to tile theirs, they brought up the violation balcony and the answer was still no. Tiling is a violation. They wouldn't even go for a trompe l'oeil painted finish to look like tile.


And while the HOA doesn't air violations amongst the community.... residents do. Boy howdy, they do. Reminds me of the song from Music Man -- pick a little, talk a little, pick, pick, pick, talk a lot, pick a little more. When I am told a piece of information that I need to know, I am shocked at the number of people who are just dying to tell me the latest.


So to me -- it sounds far more like say no, and hope the issue goes away. If it doesn't, well then, we approved it once, and it looks like we can approve it again.


Once approved, it's not a violation.
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Old 02-13-2016, 07:18 PM
 
Location: Minnesota
1,394 posts, read 1,257,774 times
Reputation: 3243
We too were accused of leaving dog excrement around.

We did not own a dog.

Sounds like you have a corrupt HOA. Prepare for a long fight, or move.
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Old 02-13-2016, 07:34 PM
 
12,837 posts, read 9,037,151 times
Reputation: 34899
HOA = petty little tyrants who want to throw their weight around because they can. Lived in a couple of neighborhoods with them and a total pain. Even got myself on the board of one and it was unbelievable the pettiness and vindictiveness so many of the board had toward their neighbors. Now live in a neighborhood without one and guess what? No cars up on blocks. No trash. Just neighbors. What a concept.
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Old 02-13-2016, 07:58 PM
 
Location: Somewhere in America
15,479 posts, read 15,614,649 times
Reputation: 28463
Quote:
Originally Posted by BroadwayDiva View Post
I am trying to be calm about it. I think i might buy a go-pro cam to record our daytime walks within the neighborhood.

I dont know what evidence I can present to prove we DO pick up?! It's us against 3 accusers! I don't know what made them decide LIE about us.
If you have a smartphone, why not just use that? You can make videos on the iPhone.
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Old 02-13-2016, 08:00 PM
 
163 posts, read 273,355 times
Reputation: 244
Quote:
Originally Posted by ss20ts View Post
If you have a smartphone, why not just use that? You can make videos on the iPhone.
I get that but I've always wanted a Go Pro anyway :P hahaha
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Old 02-13-2016, 08:47 PM
 
1,399 posts, read 1,798,672 times
Reputation: 3256
Quote:
Originally Posted by Tallysmom View Post
Sorry -- I'm not buying your argument. If I wanted to do a yard like another's and was told no, then I backed it up and said but 105 did it, 209 did it, if those units were in violation, the answer would still be no. The association wouldn't throw their collective hands up and approve something that was against the CCR's.


I've seen it happen with door stickers. One elderly woman wanted stickers for the front door to notify emergency workers an elderly person, or ill person or pets were in the unit and may need assistance. Shot down -- no stickers on the doors allowed. Soon after some wing nut decided her lucky number was 6, and her unit number was now 5236. Um, no. She bought 6's and plastered them on her mailbox, her door, her unit number plaque, and then scratched it into her plaque. Yeah -- I fixed that, charged her and the fines racked up. She finally sold. YAY.... but still -- was not allowed to get away with it.


I saw it happen with balcony flooring. Someone tiled their balcony, in clear violation -- fines, threats and it's taken forever but very soon there will be a foreclosure -- but it's taken years. When someone else wanted to tile theirs, they brought up the violation balcony and the answer was still no. Tiling is a violation. They wouldn't even go for a trompe l'oeil painted finish to look like tile.


And while the HOA doesn't air violations amongst the community.... residents do. Boy howdy, they do. Reminds me of the song from Music Man -- pick a little, talk a little, pick, pick, pick, talk a lot, pick a little more. When I am told a piece of information that I need to know, I am shocked at the number of people who are just dying to tell me the latest.


So to me -- it sounds far more like say no, and hope the issue goes away. If it doesn't, well then, we approved it once, and it looks like we can approve it again.


Once approved, it's not a violation.
Seriously? The board shot down a sticker that an elderly person wanted to put on her door to notify emergency workers? Good God! Thankfully I had sense enough to foresee this potential BS and not buy an HOA home.
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Old 02-13-2016, 09:07 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,782,018 times
Reputation: 15130
Quote:
Originally Posted by BroadwayDiva View Post
Not sure if I'm at the right forum.

We recently purchased a home with a HOA.
That was a mistake.....Hope you can get this fixed....Sounds like you have some real whiners there.......
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