Enforce these, Please!

I would like to see the ban on sheds in the backyard enforced. Our backyard neighbor has a big, ugly 'plastic' shed in the back which we have the pleasure of viewing every day. Also, the empty lot on Gardere by Avignon has trailer(s) and/or cars parked on it all the time, as well as weeds and tall grass much of the time. What an eyesore!

storage sheds

Our restrictions and covenants restrict all forms of storage buildings EXCEPT those that architectually match the contruction and are approved by the board. Please email me with the address of the home with the shed so that we may contact them to remove this. Currently the board is working to obtain an assocition attorney to help implement all of our restrictions as well as other policies that are being set by teh board to ensure that our neighborhood remains on of the premier southeast shreveport places to live!

Enforce All of them

I would like to see us enforce the no outside pets....barking dogs at all hours of the night and morning is getting to be old...however, if we are going to enforce one of the convenants we need to enforce all..not just pick and choose....

enforcement

You don't have the luxury of deciding which to enforce. The board has a fiduciary responsibility to enforce each and every restriction. If not enforced equally, then a legal challenge by a resident could invalidate all of them, regardless of the clause that states otherwise. There have been plenty of HOAs who have lost their restrictions due to selective enforcement. Don't get caught in that trap.

Regarding ''policies,'' keep in mind that policies do not have the same weight as covenants. But it helps to have policies in place so that you can show, if needed, that your enforcement is balanced and appropriate.

An HOA board I was on previously took the position (policy) that they do not POLICE the neighborhood, but that they respond to each and every complaint or notification of violation. The resident would get 2 written warnings. If compliance is not obtained after 2nd notice, then the association attorney would send a notice of compliance. If compliance is still not obtained, or if the offense is repeated, then the attorney drafts and files a complaint in a court of law. After the first trial, which was one, then the compliance rate increased immeasurably.

It also helps to keep a database or a log of all complaints (stripping off the name of the person who brought notice to keep the reports anonymous). The log would help to see which homeowners are repeat offenders.

Good luck.

By interested onlooker