nancylaffin
New Member
My jurisdiction is: California
I've owned my Town home for 24 years and not had issues with the Association until I recently started renting my property.
On 11/01/08, I received (the first) notice for this infraction, stating that my property STILL (they used caps) had ivy vines coming through the fence. I have 10 days to remove them or additional fines would be assessed. They are assessing me $200.00, citing CC&R Article 8.3; Maintenance of lots whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in a neat and attractive condition and in such a manner as to prevent their becoming unsightly by the reason of the accumulations of rubbish, debris or unsightly growth thereon.
On 11/02/08 I went to the property and removed the vines. These vines are Morning Glory, which I think are lovely, but that's beside the point. I discovered that they originate from a neighbor and was also planted by them. The vines have now rooted in the ground that is the Common Area and are working their way to my fence and up the fence from the outside. I took photographs of this. Article 8.1 States it is the associations responsibility to maintain the common area around the perimeters of the fences.
At the same time, I went through the complex and took dozens of time-stamped pictures of violations of the exact same type. Morning Glory, Ivy, Jasmine, etc… Some of them were much worse by having vines that are actually coming from the inside property of the fence.
What I discovered was that three of the violators are Board Officers. I don't think they are being fined 200.00. Hummmm.
I think I should put the 200.00 in an escrow account until I can work this out. To me, this reeks of discrimination. Do you think I have a legal argument and should I seek council?
I went back and took pictures of the same violators on 11/7. I intend to make an argument at the next board meeting, which the letter states is 11/12, but I think they have given me the wrong date of the next board meeting. The newsletters state that the board meets the third Monday of the month. 11/12 is a Wednesday. I will show up just in case.
I've owned my Town home for 24 years and not had issues with the Association until I recently started renting my property.
On 11/01/08, I received (the first) notice for this infraction, stating that my property STILL (they used caps) had ivy vines coming through the fence. I have 10 days to remove them or additional fines would be assessed. They are assessing me $200.00, citing CC&R Article 8.3; Maintenance of lots whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in a neat and attractive condition and in such a manner as to prevent their becoming unsightly by the reason of the accumulations of rubbish, debris or unsightly growth thereon.
On 11/02/08 I went to the property and removed the vines. These vines are Morning Glory, which I think are lovely, but that's beside the point. I discovered that they originate from a neighbor and was also planted by them. The vines have now rooted in the ground that is the Common Area and are working their way to my fence and up the fence from the outside. I took photographs of this. Article 8.1 States it is the associations responsibility to maintain the common area around the perimeters of the fences.
At the same time, I went through the complex and took dozens of time-stamped pictures of violations of the exact same type. Morning Glory, Ivy, Jasmine, etc… Some of them were much worse by having vines that are actually coming from the inside property of the fence.
What I discovered was that three of the violators are Board Officers. I don't think they are being fined 200.00. Hummmm.
I think I should put the 200.00 in an escrow account until I can work this out. To me, this reeks of discrimination. Do you think I have a legal argument and should I seek council?
I went back and took pictures of the same violators on 11/7. I intend to make an argument at the next board meeting, which the letter states is 11/12, but I think they have given me the wrong date of the next board meeting. The newsletters state that the board meets the third Monday of the month. 11/12 is a Wednesday. I will show up just in case.
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