The events of the past few days remind us how politically divided our country is on so many issues. It seems that in some cases opposing political parties disagree simply to be disagreeable. But in the United States it’s our right to express our views — heck, it’s part of what makes us Americans.
These expressions of our first amendment rights can take many forms from kneeling during the national anthem, to flying a flag or a peaceful demonstration. These protests can raise awareness for a cause and be a driving force for positive change. But on the flip side they can generate hostility, divide us, and damage relationships. This is especially true in our communities and neighborhoods.
The HOA Doesn’t Hate Free Speech
Lets face it, HOA’s have a reputation for squashing homeowners rights. It’s really no surprise, since the restrictions in an HOA or condo limit what we can and can’t do, especially when it negatively affects others in the community.
Sometimes the way someone chooses to make a political statement violates an association rule. In these cases it’s important for community leaders, and members to remember that the association is prohibiting the action and not the statement that is being made.
For example — The HOA may ask you to replace the blue light bulb in your front porch light with a traditional white light. Not because they hate cops but because the rules have established a uniform standard. Emotions run high with these issues so it takes an extra level of tact, consistency, and neutrality when it comes to enforcement.
Politically Correct
Taking the wrong approach to handling these sensitive situations can cause a backlash. Just recently the Philadelphia 76ers had a PR snafu after they wouldn’t let Sevyn Streeter sing the national anthem while wearing a “We Matter” jersey. While the shirt may have been a violation of her contract the handling of the situation gave some the impression that the 76ers were taking a stand on the issue.
Unfortunately political correctness and consistent rule enforcement don’t always go hand-in-hand. But approaching these situations in a calm and professional manner can go a long way to reaching an amicable solution.
Consistency and Fairness
It’s important that managers and boards enforce the rules evenly for all, in addition to clearly explaining why the violation is against the rule. In most cases the rules are in place to protect the building, maintain a uniform look, or protect the peace in the community.
Managers and board members must set aside personal feelings and simply enforce the rules. When we let personal feeling cloud our judgment we will inevitably treat more favorably those with whom we agree, and unfairly those we don’t agree with. That means you need to treat the ‘pony flag’ the same as you treat the ‘butterfly flag’ regardless of your personal feelings on ponies or butterflies.
- Liar, Liar, Pants on Fire! Handling Misinformation in Your HOA - March 13, 2019
- Setting the Ground Rules for Neighbor Disputes - June 27, 2018
- HOA Board Responsibilities – It’s Not as Difficult as You’re Making It. - April 23, 2018
Fully agree!
I understand about rules and regulations but when I work my b*&t off getting 81 signatures (more than 2/3 of the neighborhood) on placing a shed in on the side of my home which borders no houses but a field, I feel the association should oblige me. We sent a second request where a small part f the shed would be forward of the backyard line. What I received back after 30 days (the deadline) was another disapproval with a drawing that was not mine and placement that was different than mine?!
I have tried to speak to board members but they have been combative and nasty at meetings. there are at least 3 homes that have recent out buildings that do not adhere to the covenants and I feel this is a personal vendetta against me, for what reason I don’t know. My husband refuses to deal with a lawyer and would just like to move but we just put in a swimming pool and updates to our home and we would lose a great deal of money moving. I cannot seem to find ANYONE or any government office to help me with my problem. I went to the last board meeting where I mentioned that they did not put in the newsletter that the meeting was for elections. The president said to me in front of entire meeting in a nasty voice, “Mrs. Perkins, how long have you lived here? ” He then said they overlooked putting it in the newsletter. We did not have a quorum so the board voted for the new vacancies, basically a recycling of all the same board members new and old!!Who can help me with this!!
Hi Barbara
It sounds like your association at best isn’t communicating well, and at worst may have a bias. I would recommend that you attend the meetings and get involved as much as possible. You could offer to head up an election committee for the next annual meeting. Be careful not to be an agitator, you will gain more support if you work in a spirit of cooperation and helpfulness. Perhaps with your help they can get enough people at the next annual meeting to get a quorum and hold a legitimate election.
Good luck!
There was a homeowner’s meeting. They did not say in the newsletter though that it was for elections. They did not reach a quorum. The covenants state that they need to put it in the newsletter about elections, (there are 3 new neighbors on just one street), that if quorum is not reached they are to have a meeting within 60 days and only half the quorum needs to participate. When I brought up at the meeting that nothing was stated in the newsletter about the elections, the president said to me, “Mrs. Perkins, how long have you been living here?” in a rather nasty tone. For some reason this man hates me, I guess because I’m always asking questions because we have a very small backyard and not much room to put our shed. (I refuse to put it at the end of my driveway as allowed because it looks terrible even though it is a beautiful & expensive shed.) Well, they didn’t reach a quorum, they said it didn’t matter that they “overlooked” putting the info about elections in the newsletter because no one ever shows anyway! So, they closed the meeting and reopened it. My friend and neighbor nominated herself for member at large and then another person volunteered himself “who didn’t like my shed”. The husband of the woman who had been on the board for 12 years volunteered for president. The Board then voted and voted for the volunteer for president, who happens to have been on the architectural committee who couldn’t help me with my plan, and the person who apparently complained about my shed and gazebo won. (The gazebo meets the covenants rules.) And then we made a fatal mistake!! They drew my husband into an argument about the shed and I mentioned how it was almost 30 days and we hadn’t heard anything and then I saw the fear in their faces!! If I hadn’t said anything and hadn’t gotten a reply by 30 days my request would be considered approved.
The latest is I received a plan back that was not my plan, drawn by someone else, and not what we finally spoke to him about and it was disapproved! To me that was a stall but I have since received a letter that if I don’t move the shed in 30 days they will consider taking me to court. I can however extend the 30 days. Incidentally, the new member at large that doesn’t like my shed cannot see my house from his, and yet he can see another neighbor who has 2 sheds and a gazebo that do not adhere to the covenants, but they are friends with the president who will give up his title in January. My husband is headed for a heart attack he is so upset, and though we put in a new built in pool and redid our entire home wants to move which would be at a great loss to us in more ways than one. At the meeting my husband became so upset he accused the president of having crap in his yard which can be seen from the road, paint peeling off his mailbox and a gargoyle (huge) on his front porch, all bring the “aesthetic” look of the neighborhood down! Which they claim we are doing.
Our home is beautiful and neighbors have come by and think it’s awful, since the home looks beautiful and the shed can barely be seen from the road plus we haven’t been able to finish the landscaping which will hide it even more. I can’t keep trying to get the neighbors to do something for me……I’m sure they are tired of me!!!
The most upsetting thing is that there is no one that can help us, no one that governs HOAs in WV, unless we hire an attorney. We would probably lose and lose our home in the process! (One resident did lose his home due to a pool that was not entirely built in because they could not dynamite part of the yard. They made it look built in but it didn’t fly! I would be so appreciative if you have any ideas how I can deal with this!