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Post by pestcontrol on Jul 11, 2016 8:35:14 GMT -5
Dear SLohA President leery listerine,
I just read your last two President's letters and wish to respond. Rules are rules, they are NOT guidelines. That is what was the problem in the past. If you were in a "Privileged " group they were guidelines. Guidelines. If you were in the under privileged group they were rules. Rules. Please seek out the definition to both. Next, because of this unfairness some people do not trust you and the Board and management. How can this be corrected? Start with developing policies and procedures first. Make all policies and procedures available at our library along with the SOP's. Then proceed with the rules and regulations. Do you realize that if you had the above items available at the library along with Board Minutes that people could check them out and make their own copies? Just two or three notebooks on each would benefit all.
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Post by Admin on Jul 11, 2016 11:57:31 GMT -5
pestcontrol posted:
Let me add a suggestion. Start with a conceptual baseline that SLohA has no enforcement power over owners except to take them to court and seek a money judgement for any damage which occurred to the park common property. This is the same remedy that owners have against SLohA if they cause damage to an owner for violation of covenants such as permitting KCNet to set up its business on SLohA common property or S u e owners to get revenge for a perceived problem.
If SLohA begins with a baseline that they have NO enforcement authority for infractions of rules/guidelines/wishes/infractions/signs etc by whatever name, then SLohA must actively seek other ways to have its needs met. Here is a novel approach! Try sitting down with an owner and explore the reason for the infraction--actually have a conversation! Attempt voluntary compliance first. That would be known as a "best practices" model which has been adopted by enlightened HOA's.
A failed attempt to get voluntary compliance should have a peer hearing procedure in place which is run independently of board directors, board appointees, proxy stand-in's and owner-cronies. Of course, that would be voluntary. If those measures fail, then SLohA really has no other recourse except to try to intimidate the supposed violator with threats and public ridicule and shunning like what is currently done and does not work. After that, warm up your wallets and spend the association's money on lawyers and see if your "violator" will back down or leave. This is where SLR is now. What comes after that? Perhaps it is the realization that it is very difficult-if not impossible- to control human behavior even when society has legal, sanctioned penalties in place!
In essence, all SLohA has to work with is "guidelines" because the authority to enforce rules with penalties is absent. And, there are no rules at the present time except for a couple outdated covenants relevant to campgrounds 45 years ago. If rules are placed in the future, they will have to be adopted by each of the three subdivisions and you might have one or more subdivisions that do not pass a proposed rule--further complicating matters! And, there STILL is no valid enforcement of an enacted rule!
I think that owners will think and long and hard before they hand over "abuse bullysticks" to this current and future boards and their "partnership sponsors". It could be an expensive decision -->both financially and socially << that will eat us alive.
It's time to think out of the archaic RULES box!
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