Author Topic: HOA: Friend or Annoyance  (Read 3586 times)

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Offline orgopeach

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HOA: Friend or Annoyance
« on: November 05, 2012, 04:22:34 PM »
Columbus Grove just sent a letter with a proposed modification to the community rules. In essence, it's a measure to increase their power of enforcement. Are these rules normal of other communities?

Columbus Grove Community Association
Fine Schedule (Additions)
1) TRASH CAN VIOLATIONS
A. Out too Early/late, Improperly stored
• Current Policy: Invite on 1st offense, resolve to monitor 30 days for repeat then fine, clear if no
repeat within 30 days.
• New Policy: Send courtesy notice for 1st offense, trash company can pick up any cans left out
too late and store them at owners expense, clear and reset each calendar year.
B. Cracked/Broken Trash cans
• Current Policy: none in place.
• New Policy: Send courtesy notice on 1st offense to let owner know to call for replacement at
next pickup date, on 2nd offense trash Company to remove, owner to replace with new trash
cans through trash company at owners expense.
C. Trash Cans Out on Street Sweeping Day
• Current Policy: Invite on 1st offense, resolve to monitor 30 days for repeat then fine, clear if no
repeat within 30 days.
• New Policy: Send courtesy notice for 1st offense, trash company can pick up any cans left out
too late and store them at owners expense, clear and reset each calendar year.
2) UNSIGHTLY ITEMS AND LANDSCAPE
A. Front Yard Only
• Current Policy: 1st notice, 2nd notice, then invite with resolution to self help and assess the cost
to the owners account.
• New Policy: 1st notice then invite with letter sent by legal giving them until the day after the
hearing (at least 30 days) to remove or we will self help and assess unless owner appears at
hearing and ERC grants extension.
3) WASHING CARS, OVER WATERING, HOSE RUNOFF, ETC.
• Current Policy: Invite on 1st offense, resolve to monitor 30 days for repeat then fine, clear if no
repeat within 30 days.
• ADR 1: Send courtesy notice for 1st offense, Invite and resolve to fine each additional offense,
clear after 1 year no offense.
4) STREET PARKING ON STREET SWEEPING DAYS
• Current Policy: Invite on 1st offense, resolve to monitor 30 days for repeat then fine, clear if no
repeat within 30 days.
• New Policy: Send courtesy notice for 1st offense, Invite and resolve to fine on second offense
and suspend street parking for 30 days, 60 days, 90 days, etc per additional offense within a
year, clear after 1 year no offense.

5) VEHICLES OVERHANGING SIDEWALK
• Current Policy: Invite on 1st offense, resolve to monitor 30 days for repeat then fine, clear if no
repeat within 30 days.
• New Policy: Send courtesy notice for 1st offense, Invite and resolve to fine on second offense
and suspend street parking for 30 days, 60 days, 90 days, etc per additional offense within a
year, clear after 1 year no offense.
6) IMPROPER SAFE LIST
• Current Policy: Invite on 1st offense, resolve to monitor 30 days for repeat then fine, clear if no
repeat within 30 days.
• New Policy: Invite on 1st offense and resolve to suspend all privileges for 6 months for each
additional offense and black list license plates indefinitely, clear after 1 year no offense.
7) NUISANCES (MINOR)
• Current Policy: Invite on 1st offense, resolve to monitor 30 days for repeat then fine and
suspend privileges, clear if no repeat within 30 days.
• New Policy: Send courtesy notice for 1st offense, Invite and resolve to fine on second offense
and suspend street parking for 30 days, 60 days, 90 days, etc per additional offense within a
year, clear after 1 year no offense.
8) NUISANCES (MAJOR)
• Current Policy: Invite on 1st offense, resolve to fine and suspend privileges, clear if no repeat
within 3 months.
• New Policy: Invite on 1st offense, Invite and resolve to fine each additional offense, suspend all
privileges for 1 year, clear after 1 year no offense.
9) ARCHITECTURAL MODIFICATIONS AND REAR YARD NOTICE OF COMPLETIONS
• Current Policy: 1st notice, 2nd notice, then invite with resolution to fine suspend all privileges.
• New Policy: 1st notice, 2nd notice, then invite with resolution to suspend all privileges and fine
$50.00 per month until compliance is met unless owner appears at hearing and ERC grants
extension.
10) FRONT YARD NOTICE OF COMPLETION
• Current Policy: 1st notice, 2nd notice, then invite with resolution to fine suspend all privileges.
• New Policy: 1st notice, 2nd notice, then invite with resolution to self help and assess the cost to
the owners account and suspend all privileges until process is complete. If Major work is
needed for completion, owner will be reinvited to hearing with resolution to suspend all
privileges and fine $50.00 every two weeks until compliance is met unless owner appears at
hearing and ERC grants extension.

COLUMBUS GROVE COMMUNITY ASSOCIATION
FINE SCHEDULE
1. A letter will be sent to the Owner stating the alleged violation.
2. A second letter will be sent to the Owner stating the alleged violation continues and this letter will request the
Owner appear before the Board.
3. If the result of the hearing is a monetary fine, a fine of$100 for first 30 days will be applied to the Owner's
account.
4. If the violation continues past 30 days, the fines will be doubled every 30 days until the homeowner is once
again in compliance with the guidelines. Any fines not paid may result in legal action in accordance with
California law.
5. The Board may determine to use alternative dispute resolutions or cause correction of the violation to effect a
cure and the Owner may be responsible for legal fees and/or reimbursement of costs to the Columbus Grove
Community Association.
6. The Board of Directors reserves the right to skip steps (1) one and (2) two and go directly to step (3) three or (5)
five where the Board of Directors believes circumstances warrants such action.
NOTE: Should a violation occur which imposes a financial obligation on the Columbus Grove
Community Association; the party responsible for said violation shall reimburse, by way of a
Special Assessment, the Columbus Grove Community Association for this financial obligation.
If, for example, a party damages a fence, tree or any other Common Property, repair and
replacement costs will be charged to that party.


Offline zubs

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Re: HOA: Friend or Annoyance
« Reply #1 on: November 05, 2012, 05:36:35 PM »
Nuisance...hmm


Offline orgopeach

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Re: HOA: Friend or Annoyance
« Reply #2 on: November 05, 2012, 05:52:00 PM »
Who's the management company at Columbus Grove?
Merit

Has there been instances where these things need firmer enforcement?  For example, are there homeowners that leave their garbage cans out for days?  Do some homes have really unsightly landscaping?
Several homeowners on my street have left their garbage can out for an extra day. One or two has left it out for 2 days. There hasn't been any terrible landscapes as far as I've seen, and I typically talk a walk  in the neighborhood once a day.

I sit on the board of my HOA and my experience has been that it's nice to have more power to enforce the rules set forth in the CC&Rs.  For whatever reason, homeowners don't respond to fines.  They don't rush to pay them and won't care about them until they need to sell or refinance.  So I can see why this association is coming up with other ways to get homeowners' attention.
The wording of the rules seems to give much leverage to the HOA, and there isn't too much in terms of checks and balances with this power. In your opinion, do you think most homeowners read these mailings and respond, or just glance at it and throw it away without much thought? What other ways have you seen/used to enforce community rules?

Offline OCgasman

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Re: HOA: Friend or Annoyance
« Reply #3 on: November 05, 2012, 08:06:22 PM »
Both.

If someone wants to put the back seat of an el camino on their porch or paint their house hello kitty pink, or park their RV on the street for months...then friend.

If someone needs signatures from ALL of their neighbors to install a DirecTV dish, get approval to plant some shrubs in their yard or get their garage inspected every year...then annoyance.

Overall, I like HOAs.  Pays for the amenities in your neighborhood.  If only the actual paying HOA members were using those amenities...but that's a whole different topic.

Offline orgopeach

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Re: HOA: Friend or Annoyance
« Reply #4 on: November 06, 2012, 10:54:50 AM »
The government protects people against themselves and against others. I fear a power of enforcement that is loosely defined, and rules that have some subjectivity to the definition. As Bones said, most people don't read, and so the the board goes unchecked.

What if we slap repeat offenders with fines and then take them to collections? Would that prompt offenders to respond?



Offline thedude111222

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Re: HOA: Friend or Annoyance
« Reply #5 on: November 06, 2012, 12:41:31 PM »
If I'm reading that right, you're not allowed to wash your car?!?!?!? 

Offline orgopeach

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Re: HOA: Friend or Annoyance
« Reply #6 on: November 06, 2012, 02:42:23 PM »
Yes one cannot wash the car.

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Re: HOA: Friend or Annoyance
« Reply #7 on: November 06, 2012, 03:35:59 PM »
Not being able to wash your car is a pretty common HOA rule and not just in southern california.  I think it has to do with the soapy runoff getting into the ocean/rivers/lakes/etc.
Yes one cannot wash the car.
That's one thing that I would have a big problem with if I owned a detached SFR with a full driveway.  The soapy runoff gets into the ocean/rivers/lakes from the water at the car wash too so I don't see that as a justification from the HOA.  I'm glad that I have no HOA to deal with.

Offline Irvine_Dreamer

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Re: HOA: Friend or Annoyance
« Reply #8 on: November 06, 2012, 07:27:15 PM »
Not being able to wash your car is a pretty common HOA rule and not just in southern california.  I think it has to do with the soapy runoff getting into the ocean/rivers/lakes/etc.
Yes one cannot wash the car.
That's one thing that I would have a big problem with if I owned a detached SFR with a full driveway.  The soapy runoff gets into the ocean/rivers/lakes from the water at the car wash too so I don't see that as a justification from the HOA.  I'm glad that I have no HOA to deal with.

I'm not sure if that's accurate.  Commercial car washes are required to pump their soapy water into water treatment facilities.  Also, this is not a HOA specific issue.  Cities have banned home car washing.  For example, Santa Monica has as well as some of the more "green" cities in the Pacific Northwest.
If I can't wash my car on the driveway, what's the use for driveway?

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Offline The California Court Company

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Re: HOA: Friend or Annoyance
« Reply #9 on: November 06, 2012, 08:15:59 PM »
HOA is a friend when you have a bad neighbor; annoyance if you are the bad neighbor
"Should any Person come into contact with such fruit, soil or groundwater, such Person is advised to wash thoroughly with soap and water and seek immediate medical attention"-Augusta Disclosure, Tustin Legacy

"You'll probably be able to buy a 4BR detached home in Quail Hill for $150,000."-IndieDev

Offline The California Court Company

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Re: HOA: Friend or Annoyance
« Reply #10 on: November 06, 2012, 08:17:26 PM »
showcasing your brand new 7 series or S class

If I can't wash my car on the driveway, what's the use for driveway?
"Should any Person come into contact with such fruit, soil or groundwater, such Person is advised to wash thoroughly with soap and water and seek immediate medical attention"-Augusta Disclosure, Tustin Legacy

"You'll probably be able to buy a 4BR detached home in Quail Hill for $150,000."-IndieDev

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Offline Tyrone Biggums

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Re: HOA: Friend or Annoyance
« Reply #11 on: November 07, 2012, 11:50:40 AM »
Becomes an annoyance if I can't wash my cars.
"Goodbye fried rice, hello fried chicken!"

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Offline broda

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Re: HOA: Friend or Annoyance
« Reply #12 on: November 07, 2012, 02:19:53 PM »
wait...are you really not allowed to wash your cars at your own home? 

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Re: HOA: Friend or Annoyance
« Reply #13 on: November 07, 2012, 05:20:42 PM »
showcasing your brand new 7 series or S class

If I can't wash my car on the driveway, what's the use for driveway?
Or 997 GT3.  ;)

Offline orgopeach

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Re: HOA: Friend or Annoyance
« Reply #14 on: November 08, 2012, 07:50:45 AM »
wait...are you really not allowed to wash your cars at your own home?
Yes no washing cars. it's a bummer.

 

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