First and foremost nothing in the Association CC&R’s or articles of incorporation say that it is responsible for your property values. What it does say is that the association’s specific and primary purposes are “To unite property owners, to encourage civic improvements, to promote community activities and interests and to maintain common areas and community facilities within the subdivision.” People you need to read your CC&Rs and the Articles of Incorporation, don’t take anyone’s word for it.
Yesterday heard the VP tell us that we were governed by Real Estate Laws. Geez apparently she has never read the CC&Rs as we are governed by Civil Code. Several directors and members state that trashy properties caused their property values to go down and their rationale for the fine schedule was to protect members’ property values. Well folks I am here tell you that that is not true most of the time.
When you list your home for sale or refinance Comps are done from the Multiple Listing Service and/or the county assessors based on sold and/or listed properties in your area that are comparable to your home. Such as construction, square footage, number of bedrooms/baths, size of your lot, garage, amenities, improvements, the economy and other variables. NOT on whether the house across the street, down the road or across the ravine is trashy, unkempt or a lot has a camper on it.
The board kept saying that they needed to be empowered to enforce rules/laws and needed another tool and the fine resolution was it. Well if the board doesn’t enforce the rules that apply to them or enforce them evenly then, how in the hell can we expect them to treat us fairly. One example of this is fencing a lot that doesn’t have a house on it. The violations committee has violated members for this and as a past president and Chair of the ACC I know that the association has approved many fences on vacant lots. So where is the fairness in this? And why won’t they put this on a ballot so the members can vote on it?
Why is it that other boards in the past 46 yrs have not felt the need for a fine schedule? The board will be voting on this at the November meeting. Back in I believe December of last year we the member submitted a petition with 5% of the members signatures required by law Petition to Revise Rule to stop this resolution and this board seems set to do what they want to do regardless of what the members want or don’t want. They seem to forget who they represent..