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How to deal with HOA violations

| Condo & HOA Law |   Fees, Foreclosures, Delinquencies & Collections |  


Question:

I am on the board of a homeowners association and we recently had our annual election meeting and the neighbors have canvassed several homeowners to join the board, which is great,but these homeowners have an agenda. They want to be able to out vote the current board on violations. They do not want violations to go out to owners who have not kept their yards up to standard. Our subdivision is 8-10 years old and our driveways are now spaulding and breaking up. Last year the board sent a letter to a few of the home owners and told them that they needed a plan (one year) to fix the cement problem. 25 of 43 homeowners all belong to the same church and the 25 are all rebelling about the violations. These same 25 should not own homes in an HOA, but with 5 new members they can out vote the other 4 board members. The board has worked hard to get this HOA in compliance in the last 9 years and now these 5 want the HOA to stop issuing yard violations. They say that the home owners can't afford to repair their driveways and they want to the board to back off. The other half of the home owners comply to the T with no complaints and are happy with the board. The other home owners do not want their property values to drop. The CCR's do not specifically say anything about driveways and roofs and such, but it does say the home owner is required to keep up the property and to not violate the rules. Those driveways are becoming an eyesore. These same home owners would probably not fix roofs or repair fences if they were issued a violation. What rights does the board have and what can we enforce. This HOA is in Utah.
 


Answers (6)

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