Banty wrote:
In article om,
says...
You're looking at it differently than they do, and likely your neighbors do.
You think: Lawn mowed, problem fixed, why am I hearing about it now, two months
later.
They think: There was a problem where the lawn wasn't mowed for some time, it
took that member a long time to get around to it, and we don't understand why
and don't want it to happen again.
As I said, I can understand and appreciate that. But it wasn't an issue
of not mowing the lawn per se, it was an issue of a broken sprinkler
system that ultimately needed to be partially replaced. In any case, it
isn't like I like let the lawn go for all these two years it was a
problem just this summer with the sprinklers breaking down (which I
didn't realize until I examined it closely).
They don't know this but this is why the lawn was not in good shape. I
did fix it before leaving for a couple of weeks but didn't realize that
with the sprinklers working properly that the water duration was now
too high.
OK - explain that to the HOA at the hearing. Bring any documentation of the
work. They have no way of knowing what went on. You have to tell them.
My problem isn't that they complained about it, my problem is in
bringing it up two months later.
Simply because it takes that long.
If you say so...You could be right I've never faced this issue
before...
I agree with the poster that said that the two month period is just the time it
takes for the matter to be process. So, in that two months, should folks be
able to do whatever, have an old car up on blocks in the driveway, fix it up,
then say "what's your problem I removed the car", then do another violation, fix
it up and say "go away HOA", etc. etc?
The lawn problem wasn't for two months. It was for a 2-3 weeks problem
at best with the sprinklers not working properly and me figuring out
what was wrong and then fixing it. I suppose it might look like I was
just letting it go but I was working hard to get it working and did.
It basically comes down to whether two months is a resonable time to
bring up something that has been taken care. In my mind, no, because if
I saw a neighbor's lawn having problems, complained and then saw it was
fixed for two months then insist on punishing that neighbor for a past
violation that has been fixed for some time, that I'd be a jerk and an
asshole for doing so. Well that's what it seems like they're doing.
Like another poster said, it's not like there's a statute of limitations. And
they don't want a situation set up where folks can get away with temporary
violations if they think just reversing the situation before the HOA gets around
to a hearing gets them off.
The point of the HOA shouldn't be to just charge fines willy nilly in a
punitive vindictive manner. This is even expressed said in the HOA
agreement, that it is used as a tool of last resort to compel
compliance, not as a tool of punishment or a way to raise revenue.
Therefore to bring up an resolved issue TWO months later is not in the
spirit of the reason for threatening fines.
So that argument is just BS. There might not be a statute of
limitations but there are common sense expectations. If in fact in is
just bureaucratic delay, then that is a explanation that I can sort-of
accept as the HOA and neighbors not being jerks and assholes per se.
OTOH, if the situation is as I initially perceived it where they're
bringing up an old problem from almost two months ago already realizing
it is no longer a problem than I am right to call them being jerks and
assholes. Again, if your wife complained about something you did wrong
but you had a good reason for it and its been a non-issue for the past
couple of months and now she brings it up as an issue, wouldn't you
think she was being a jerk and asshole? Well that's what it looked like
to me when I initially got this request for a hearing letter.
Maybe it just took a while due to bureaucratic delay to get to it. I
find that hard to believe but since a couple of posters claim that's a
strong possibility, I'l have to consider it. I've never been fined so
I'm not the problem owner you think I am. Maybe all such fines do take
a couple of months to process. But unless you know this to be the case
or I know this to be the case, seeing something brought up two months
later, you can see why it would seem egregious to me at first glance,
that's my main point.
In all likelihood they just want you do understand that they take the rules
seriously, and your assurance that in the future you'll arrange for your lawn to
be watched when your away.
As I said, my problem was bring it up two months later. It isn't
because they weren't right in complaining about the condition of the
lawn. I was frustrated over it myself but it wasn't a matter of not
doing routine work but a matter or the lawn sprinklers needing
significant repairs. They simply don't understand the problems I was
facing.
If they do more, possibly it has to do with "rare occassions to take care of
certain things" ih the past two years you referred in your original post.
Really, most folks just follow the rules, that's the way to keep an HOA off your
back.
The rare occasions to take care of certain things is just that, rare.
Its really unsual for someone to never get requests to do something,
everybody does in every HOA. It doesn't mean neglect but means people
have different ideas of what they think needs done. For instance I have
a large jacurunda. One year, they send me a mail requesting I trim it
cause they thought it was overgrown although some neighbors have ones
just as large out front. I didn't think so but I did it promptly cause
I would need to do it eventually anyway.
This year I let it grow again to full size and no one complained (but
this time around if they did I was prepared to fight them over it since
I felt like my jacurunda looked fine fully grown and was no bigger than
some neighbors) but without any request I myself thought it was time to
trim it back so I did.
It looks like the best thing to do would be to just explain the
situation and hope for fairness and understanding. I can't assume that
going in and have to be prepared to fight but I won't go postal either.
We'll see what happens.
Sounds like you're on a good footing now.
It depends greatly on how they are viewing and treating the situation.
If they are fair and understanding and accept my explanation and
realize I've been keeping up the lawn then that's fine. But if they
have a punitive hostile attitude or they unfairly and angrily accuse me
of neglect or demand proof that the sprinkler system was broken (which
I can't really prove exactly) and want to be angry and vindictive, then
I have to be ready to fight back. The biggest problem I face is not
knowing what to expect. This is why I would have preferred if they just
told me what the fine would be and it if it was modest, just to pay it
off and move on rather than dealing with this hearing bull****.
Banty