Sunday, April 6, 2014

DEED RESTRICTION COMPLAINT FORM

Preston Hollow Home Owner's Association, Inc.
Architectural Control Committee
DEED RESTRICTION COMPLAINT FORM
The following information must be completed in its entirety in order for the HOA to commence an investigation on your behalf. Incomplete forms will not be processed.
Formal Request to have the ACC / HOA Board investigate Deed Restriction Violation(s).
Date of Request: ______________________________________________________________
Your Name: ________________________________________________________________
Address:_____________________________________________________________________
Contact Phone:________________________________________________________________

Address of house to be investigated:_______________________________________________

Description of the Issue(s) affecting the property:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Your Signature:_______________________________________________________________

Please return completed form to an ACC / Board member, or mail to:

Preston Hollow Home Owner’s Association
P.O. Box 15338
Spring Hill, FL 34604

You will be contacted by the ACC / Board member as to the status of the investigation. Following all investigations, the name and address of the complainant will be purged.

Architectural Review Committee

2 comments:

Anonymous said...

Today 6-18-2014 I learned that a home owner( whom I will not name) was asked by a board member (whom I will not name) if they would fill out a complaint form regarding the many violations that a certain home owner (whom I will not name) has violated. This home owner was advised that his/her help would enable the board to enforce the violations. I really think that this board should seek better advise as the HOA Board's fiduciary responsibility is to enforce the deed restrictions. This board has been advised not to do that and that is not correct advise.
This board would rather turn the neighbors against each other by requesting that a fellow neighbor write up a complaint, in today's crazy world that could result in a shooting or plain old bad blood.
PRESTO HOLLOW BOARD PLEASE WAKE UP and get better advise or hire a MANAGEMENT COMPANY TO RUN THE DAY TO DAY BUSINESS FOR OUR HOA.
Please do not force a home owner to bring matters before a court of law as it may just break this HOA and none of the home owners want that.
It may be time for the current Board to quit, I pledge publicly that if everyone on the Board steps down I will volunteer my time and make sure I have 4 more home owners work with me. Tom Dietzel

Unknown said...

Tom,

Those are some pretty hefty comments you made above, especially when the majority of it appears to be third hand information. First off, I’m not sure this is the proper venue to make comments like that. Secondly, if you would take the time to read the Preston Hollow Declaration, it states; “Failure of the Declarant, the Association or any Owner to enforce any covenant or restriction herein contained shall, in no event, be deemed to be a waiver of the right to do so thereafter. These covenants and restrictions may be enforced by the Declarant, the Architectural Control Committee, the Association, or any Owner.” So, if you were to have read this before hand and thought about the advice that was given to the Board you may not be making comments like that. The way I read this excerpt is that; it is not just the sole responsibility of the Board Members to draft up complaint forms for enforcement of violations. I have drafted several in the past myself and to date - no gun fights or arguments in my front yard.

From my understanding – When complaint forms are submitted to the Board the complainant is not revealed to the alleged violator, or anyone else for that matter. So, how can one say that we could have a shoot out or bad blood when the complainant is never revealed? Once the complaint is filed, it then becomes the Board’s responsibility to review the complaint, visit the property and have the matter corrected if need be. If in fact in there is a violation the Board corrects it with written letters, speaking with the owner, fines, or in a worst case scenario a lawsuit. It has never been the homeowner/complainant’s responsibility to correct violations that are noticed, but it should be responsibility of every homeowner to draft up complaint forms when violations are observed. Having the Board be the only individuals drafting up complaints is bad business in my opinion, and would bring us right back to the old ways of constant picture taking of properties, the perceived Gestapo type mentality of board members, frivolous law suits filed against homeowners when they were advised not to pursue, and overly aggressive board members arguing in driveways with residents.

Question - Would you wait for the Sheriff’s office to see a neighbor using his/her back yard to cook up meth or would you report it? I’m sure you would report it, or at least I hope you would. What’s the difference of reporting your neighbor for that or a deed restriction violation? The process is the same, file the complaint or report the incident and let the powers that be take care of it. Having only Board members draft up complaint forms does the exact opposite of what you’re talking about – it would make all the homeowner’s go against the Board members. But, from my observation, that’s kind of what a small group of individuals in here have been doing anyways – isn’t it?

In my opinion, it’s the responsibility of all homeowners to police the neighborhood, submit complaints and work collectively to keep the standards at the highest level possible. We all live in here together. So, you might say; we should all be working as a team for the main purpose of keeping the community up to the standards that it was originally intended to be at.

In regards to the current Board quitting or stepping down, hiring a management company and you and your crew taking over, I’m not sure that would be for the better of the community after hearing your thoughts and comments. And, if you’re willing to volunteer your time and effort to the Board and recruit four other members, how come you’re not doing that now? We all know they are short handed with open positions.

If you would like to talk about this, feel free to call or stop by.