I reviewed about 30 letters in the file. Approximately 50% of the letters related to poor lot maintenance. Some of the complaints had board response letters attached, and others didn't. One resident wrote letters about compliance, and fines. As I thought through their situation, and your board's apparent actions - there wasn't a board letter to the resident in the file, I couldn't help but wonder how the board could so blatantly go after one resident, while failing to hold other residents feet to our governing documents, then fines, and the collection of fines.
We'll start with what appears to have happened, spoken through the resident letters. The resident was replacing the roof on their house, at least the main part of the house, with the exact same color, and roofing material. The contractor started the work. It appears that the resident was notified by ARC that they hadn't filled out the proper paperwork. The resident apologized, supplied the paper work, and the work continued. It also appears that somewhat later, the resident was notified that they should have paid a $50.00 ARC fee when they supplied their paperwork. Then it appears by the writing, that the resident received notice that they owed $100.00. Since I don't have board responses in the file to review, one can only assume that the second $50.00, is a fine.
It appears from the resident writings, that the resident asked to be forgiven the fine, viewing the lack of following ARC procedure, as not only a mistake, but misunderstanding. It appears that the resident viewed the roof project, as a repair. They were maintaining their roof, and they weren't changing color, material, anything. It also appears that the resident is being threatened through the collection policies, with a lien on their home. The resident states that they have lived here over 2 decades, and paid any billings from the WPA, every time, on time.
Think what you want about the above resident situation with the board, but then consider other situations presented in the file, and your board's apparent failure to act - notice to offending resident, clean up the mess, charge, and fine a resident. In most cases, in fairness to the board, they have a poor (maybe intentional ) filing system - we don't have a response, an appropriate file on how the board proceeded.
Remember, we provided a letter in the file yesterday, - the escrow letter. That individual had written many times, and your board did nothing to the offending party, over a substantial period of time.
Then there is a disturbing dilemma presented in the file. It appears a resident in the canal area, has written the board (more than once), about a poorly maintained lot that includes a tree that is precariously hanging over the canal, and presents inconvenience to boaters on the canal, possible danger of falling onto a boater, or blocking the entire canal, if it falls in. Our board Grounds Chair writes, I'm not sure to who, because - as should be names are blocked out. I'm not sure whether he writes to the complaining resident, or fellow board members. He writes stating that the property is owned by an elected official in the area (He states the title of the elected official, but I have chosen to leave it out, otherwise the potential offending lot owner would easily be identified). He states that the apparent offending lot owner, has threatened to have him arrested if he enters the boundaries of his lot. It appears that the complaining lot owner has asked for contact information, and they are advised by our Grounds Chair to look it up - it will be easy to find because of the person's community title!
COMMENTS:
To the letter writers mentioned above, I'd advise you to go to the office, ask for copies of letters that support the increasing level of concern in this community regarding property maintenance violations, and your board's apparent inconsistency, governing by omission, and careful selection of what violations, and who, they will enforce our governing documents, and relating fines, and the collection process on.
Where is our Compliance Committee?
Where is our Legal Committee?
Where is our Community Liaison?
Where is our PRESIDENT
Why isn't this file complete? There was a time when every letter from a resident held a board response, and follow up stapled to it!
Think this isn't important? Think again! Will a situation on your home front, or lot, make you the next discipline, fine, and collection target, while they ignore selective others? Are you like the lottery game - their next "easy pick number"? It is bigger than that. Go back and read the articles, and review the two documents on the SETTLEMENTS - not RULINGS, of the two "failure to pay", canal lot owners. In general, a board that fails to govern with consistency loses in the court room. This board usually puts a smile face on, calls it a win, sometimes a significant ruling when it is a settlement, and we all lose. To the escrow, and roof writers, remember the term governance by omission.
