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HOA board won't enforce fire code and regulations on property

  
  
  
  
  

hoa rulesMy HOA board of directors will not enforce local and State fire lane no parking regulations. There is to be no parking in the parking lot except between striped lines, and no parking in front of garages. There are to be no social activities in the parking lot for safety and access reasons, and no objects are to be placed in the lot. The HOA board allows owners to park cars in front of garages to do car repairs, and sometimes owners park their cars in front of their garage overnight, there are kids playing ball in the parking lot and also picnics, and one owner barbecues with a charcoal grill in the lot whenever she pleases (and she is on the board!)

I brought this up at the annual meeting in August, and I was told I was wrong, wrong, wrong, and they said so in the meeting minutes. I have submitted documentation from the City Fire Marshal about the rules, but they still ignore them. Has anyone else had this problem? The bylaws say these things cannot be done, but the board doesn't pay any attention to the HOA bylaws.

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Comments

Yes, I've had this problem before. The problem is a homeowner who needs to get a life. It is people like you that make me say I will never own a condo again as long as I live. Why can't you play nice? Think "big picture". The BBQ can be moved if a giant ball of fire is threatening your condo, so can the car. As for the kids playing ball; can't you take pity on the little tykes? I'm sure they'd rather have a yard to play in, but they don't. I'm sure the homeowner would rather have his own drive way to repair his car in. Good grief. Have a little empathy for your fellow man. I hope for your sake that God doesn't give you something truly important to focus on - worse, that you should ever need the help of one of those homeowners you are obviously persecuting. Do onto others lady..... and maybe then you'll be invited to one of those picnics. Yummy!
Posted @ Friday, April 16, 2010 9:48 AM by Ana
Obviously when she purchased in this community she did so relying upon the condominium documents. When a board does not follow its own docs and bylaws it is a slippery slope. These condo docs allow a certain standard to be maintained in the community. For now it's kids playing in the parking lot, but when if drug dealers move in and are loitering and making residents feel unsafe? No one would want that...but how can a board now enforce convenants they have long ignored and say it is ok for children to play in this area but not drug dealers to loiter when the condo docs are only blanket. The Association would be in a difficult position due to something called selective enforcement. 
 
Now that you have brought this up at a board meeting and the Board has not been receptive, put it in writing. Bring up the points I have raised, and point out that if it does happen the board will be helpless because of the their choices now. Send your letter by certified mail, return receipt requested. Include all of the literature and the exact sections of the condo bylaws. 
 
They are required to answer your inquiry within 30 days. In the event they seek the advice of the association attorney, they should let you know they are doing so and you will have an answer shortly.
Posted @ Friday, April 16, 2010 11:18 AM by Joyce Nord Joyce@thecondocommando.com
I am certain the association would be able to enforce a "no drug deals in the parking lot" rule and no one would oppose it. I can't imagine the drug dealers getting a forum to bring up the rationale "well if kids can play in the parking lot, we can sell drugs in the parking lot". (one is a bending of a Condo Board rule and the other is a Federal crime) Common sense has flown out the window when anyone can attempt to make this correlation! 
 
Posted @ Friday, April 16, 2010 11:34 AM by ana
This is ludicious. Rules are made to protect all in the condo community. If broken they should first be warning and if they do it again, they should be given a fine as can be authorized by the BOD. I would certainly have my lawyer send certified mail to the BOD and to the proper authorties. Then if they persisted I would take legal action. Laws are made to be observed. You don't run a red light because it is convient for you even if you don't run into or over some one. It is those people who want special treatment or special conditions for them selfs or thier children who pose the biggest head aches. You don't have to put up with the rule breakers. Call for enforcement or sue.
Posted @ Friday, April 16, 2010 1:47 PM by A.L. R
A case has been made for both points of view. Some people want to be right at all costs, I believe in grace. There is no use arguing about it. To each his own. The problem with condo living is that you give up your rights (and common sense) for the "greater good". That's why I say that buying a condo (I own several) is something I'll never do again. God bless you one and all.
Posted @ Friday, April 16, 2010 2:17 PM by Ana
Does anyone know how much can we charge late fee for late assesement payment? Is there a percentage maximum of monthly assesement we can charge? 
 
We are charging flat $50.00 fee.
Posted @ Saturday, April 17, 2010 11:27 AM by Hana
Interesting re the fire lanes. What happens if there is a fire and the fire department can't get to the proper entrance to save the building.  
 
 
 
Then the boards submits to insurance, there is documentation that the Board ignored the requests that fire lanes be kept open.  
 
 
 
Could the insurance company refuse to pay up per the policy if the Board was negligent. 
 
 
 
What would happen to the owners at that point?
Posted @ Tuesday, May 11, 2010 4:47 PM by Maryann
HOA in GA will not enforse bylaws for number of pets, vacant unit three years. pets on leash, parking
Posted @ Monday, March 07, 2011 5:19 PM by mi
People come to this site for helpful solutions - not for Ana's opinions on how it's ok to break rules. Bitch.
Posted @ Tuesday, July 19, 2011 9:56 PM by Dave
Bypass the HOA and take it to the city code enforcer.  
 
 
 
Ana-The reason these rules exist is that in the past there has been major loss of property or life due to this type of activity. Grilling, vehicle maintenance pose a major fire risk when done in the close proximity to condo's etc. Not to mention its just plain rude and disrespectful to your neighbors.
Posted @ Wednesday, September 14, 2011 9:24 AM by Patrick
I am on my board of directors. I just had this happen. Being on the board I told the other board members we were in violation of two fire codes. The board kept voting it down. So, I took the next step. I went to the fire chief of our township and told him what the issue is. He wrote a letter with fine to the association not being in compliant. And it must be corrected within a certain time. Street (name) Identification signs required. Thanks to the Fire Chief I got them back up.  
 
Second issue fire lane signs did the same thing. He said I was correct. But due to lot sizes he has given many builders variance to the maximum distance on placement. Our township and fire code is max 100 feet, but he has granted max of 200 feet. Ours are at 150 feet. So we are in compliant with this one. 
 
All I can say is contact your fire chief and have him look up in the international code of fire prevention. It will tell him there or city/township ordinance.
Posted @ Saturday, December 24, 2011 1:53 PM by John
I own a condo in Texas. Board is not enforcing the rules on pets, such as no dog over 30 lbs and pick up your dog poop. What can be done?
Posted @ Friday, April 20, 2012 1:28 PM by Deborah Alvis
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