The Garrett’s purchased their property in the HOA in 2001. The CCR’s required an owner to obtain the approval of the architectural control committee (“ACC”) before doing any construction on the property. The Garrett’s submitted plans to build a pool in their backyard, but the original plans were rejected by the ACC because the plans “were too vague and because professional plans are required for such a large project.” The Garrett’s then resubmitted professional plans for the pool only which the ACC approved. When the Garret’s built the pool, the pool equipment was on the common element and they built far more than just a pool. The Board sent the Garrett’s a cease-and-desist letter, and after an executive session advised the Garrett’s to move the pool equipment within their property and return the common element to its original condition (they had lowered the height of a fence). Although Mr. [Brett] Garrett attempted to engage a board member in a conversation, the board member advised that “he would not meet with the Garretts … [and that he] would discuss the matter only in the company of the board at a proper meeting.” In reality, the Garret’s project “had blossomed into a complete backyard renovation with retaining walls, stairs, a drainage system, patio pavers, and planter beds,” none of which were part of the approved plan.
Continue Reading Building in HOA Common Area – MUCH More Costly Than Owner Thought (Because of Association Attorney Fees)
Cease and Desist
Registering Your Association’s Name and Logo – YES – You Absolutely Should Do It
The Problem
You are on the Board of your association (ABC Association). Unfortunately, as often happens, someone has decided to complain about EVERYTHING. First they complain to the Board. Then to every unit owner that will listen. This particular complainer is both convincing (because he does not know or care to actually understand all of the facts) and determined. Worse yet, some of the neighbors are starting to listen. The Board sends out a letter explaining the facts. To retaliate, the unit owner starts a web page and ongoing blog to identify every issue that the unit owner sees as unjust. To further this process the unit owner obtains the domain names ABCAssociaiton.net and ABCAssociationOwners.biz and puts the Association’s logo on these pages, even though the Association owns and runs ABCAssocition.com, and has not granted any permission to use their logo. The intentional implication is that this unit owner’s pages are somehow legitimate, when really the unit owner represents no one, has no fiduciary duties and can say whatever he or she wants. You call your association attorney and demand that the unit owner be forced to take down the web pages or at least stop using your association’s name and logo. You believe the name is confusingly similar – intentionally. BECAUSE IT IS.
Continue Reading Registering Your Association’s Name and Logo – YES – You Absolutely Should Do It