"Notice of Infraction"
John
Hi Jamie,
I just received a couple “Notice of Infraction” letters from the HOA for vehicle violations and I have taken action on them with my tenants. I have gone ahead and discussed this with my tenants as if this was an actual infraction, but I believe that the HOA has overstepped its legal authority and could be sued if they had actually towed the vehicles. Both infractions were for expired tags. While the HOA rules state that the HOA has the authority to tow a vehicle for violation of California Vehicle Code, I would think that the HOA would be on uncertain legal ground to do so. The HOA is not the State of California and while it may be within the rights of the HOA to notify the local authorities, I would think it could be liable for damage towing a vehicle for a license infraction. I would suggest notification of the owner and/or the local authorities would be less likely to result in liability.
As it turns out, the vehicle at 332 Palm belonged to my tenant’s relative that was visiting and was only there for the duration of the visit. The vehicle at 249 Kashmir is current, but the owner of the vehicle had not attached the sticker at this time. I think either of the issues could easily have been rectified by knocking on the door and asking. I understand that our HOA does not seem to know how to deal directly with people. This could also be due to the lack of local HOA representation.
I believe that the “Notice of Infraction” form could use some updating. It appears to be left over from earlier days when there was a single owner/manager. For instance, #15 Installation of Appliance does not make sense for an HOA rule when the HOA does not handle the rental or management of any unit. That is, of course, unless the HOA is actually managing G-8 Units and the members are not aware of it. Item #16 Breach of Building Security again does not seem to fit within the HOA’s realm of responsibility. Finally, Item #17 Failure to Report Change of Income is clearly not the business of the HOA.
As an owner, I would like to see a list of all the Notices of Infraction that have been issued by the HOA. In particular, those related to ARTICLE XII Maintenance of Lot. On several occasions I have reported infractions to our management company and received no response. I believe that a number of owners – largely G-8 – are clearly in violation of a large number of HOA rules and I wish to see the notices issued and the outcome of the enforcement. To be specific:
Article XII
Section 1. Owner’s Maintenance
“…each owner of a lot shall cause the interior and exterior of his dwelling unit … to be maintained in a safe, slightly, and FIRST CLASS condition … including, painting, exterior surface repairs, replacement and care of roofs, … , fences, landscaping . It shall be the obligation of the owner to maintain landscaping on his lot and keep the same … free of trash, weeds and other unsightly material.”
A number of units have roofing material blown off and visible from the street. In addition, the HOA has not maintained the common building roof. A large number of units have unsightly and unsanitary back yard conditions that continue to be ignored by the management company and the HOA. According to the HOA rules, the infractions should have been cited and action taken within 3 days of notice to the owners. The Board should be rectifying these problems, but they do not seem to want to move on any of these issues. I am of the opinion that their lack of action violates their fiduciary trust and has a direct impact on my property values.
Article XIII
Section 3 Common Area
“Nothing shall be done or kept in or upon any lot or in the Common Area without written consent of the Board.”
I would think this would also cover the private use for profit of any common area structure. For a number of months in the past year, the G-8 maintenance staff stored appliances in the common area building. Even if the board had approved this use in writing, which they had not, it would seem like an obvious conflict of interest, given the relationship of the board to G-8.
Section 4 Signs
“No sign of any kind shall be displayed on the Common Area without the written consent of the board. One (1) sign of REASONABLE dimensions and design advertising a lot for sale or lease ... may be placed on the OWNER’S lot”
On several occasions the G-8 Property managers have placed banner sized signs at the entrance to the complex. These signs are clearly in violation of the rules as they are not approved in writing by the board, are not REASONABLE dimensions, and are placed on common area property.
Section 9 Rubbish Refuse containers and Disposal
“No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot… Such containers will be maintained in the enclosed portion of the lot, but not within the garage so as not to be visible from the street.”
Since the HOA pays for central trash disposal, it seems that this rule does not apply. However, the HOA has no problem leaving the dumpsters in the street at all times. This seems to violate the intent of the rule if that intent was to make the complex more attractive to residents and less like a slum.
Section 21 Window Coverings
“... cannot be painted or covered by foil, cardboard, newspaper,…”
A drive through would find several examples of this violation. In fact, one unit not only has a cardboard curtain, the cardboard is serving in place of the broken glass.
I am sure there are lots of more interesting things in the CC&R’s. Once you have covered these, I would appreciate your thoughts on other items.
I would also like to know why it is that we cannot contact any of our board members directly, but must work through the management company. I have never had a response from any board member nor have I been able to contact them except through the G8 web site. Of the HOA organizations I have experience with, this one is by far the poorest run and least responsive.
Sincerely,
John Ellis
|
This email has been checked for viruses by Avast antivirus software.
|