Matlock Place Homeowners Association

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint.The content of the letter is prejudiced and written solely to reflect Matlock HOA and ChoiceOne in a favorable light. Some of the information contained in their letter was never shared or communicated to me I was not able to attend the HOA meeting for several years as I work for a living. Not everyone in the neighborhood works from 8.mto p.mbut the only time the meetings are held is during weekday evenings since I find the meetings unpleasant as such comments have been made by board members about hitting people over the head with a 2"x4" board because they cut off the tops of the trees, providing permission for some people to violate CC&Rs while others are not allowed to, and etc There needs to be a regulating agency for HOAs and property management companies so the HOAs will abide by the CC&Rs equitably and fairly to all homeowners and uphold the CC&Rs as written regardless of being a "civil matter". The Matlock Place HOA CC&Rs have a specific provision for the problem with the overgrown bushes and trees but fail to abide by their own CC&Rs Please review Section on page of the Matlock Place CC&RS. I have pointed out and read this section to the President of Matlock HOA and is referenced word for word in the last paragraph belowAny time I have experienced a problem, the HOA has refused to help me, told me that it is a civil matter, and I need to take a neighbor to court regardless of the CC&R's pertaining to that situation. My attorney has informed me that HOA's were created to keep small petty matters such as this situation from clogging the judicial court system, but Matlock HOA does not act to enforce the CC&R's if the action requires any effort or time on their part. Their recommendation is to take the neighbor to court. My discrimination complaint also includes the willingness of the HOA to provide assistance in matters as outlined and specifically addressed in the CC&Rs for that specific issue just as the issue I am addressing today. I think it is unfair that people purchase property assuming the CC&Rs will be upheld on both sides (the HOA and homeowners). Come to find out, the HOA picks and chooses which CC&Rs to enforce and to whom are subjected to CC&R enforcementPerhaps percentages rather than male to female numbers would be beneficial as most of the property owners in the neighborhood are men so statistically should have higher numbers of violations. The Matlock HOA Board and the renters of *** *** have never informed me the renters have been instructed to trim the treesNo mention was made on May 4, when I had the entire Matlock HOA Board in my backyard. The reason they were asked to leave my yard was I explained the bushes and trees from the neighboring property are damaging my fence when the wind blows and the fence creaks. One of the HOA Board members tried to blame my fence for making the noise, stating my fence posts were rotting. I had someone inspect my fence posts since this situation seems to be going to court with both Matlock HOA, ChoiceOne, and the property owners. My fence posts are in good shape so the noise the fence makes is not from rotting fence posts. The Matlock HOA comes up with all types of excuses so they do not have to act. This is not the first time I have experienced a problem with the HOA, property management company and making excusesRegardless of the comment made by *** of ChoiceOne. She did tell me to trim the neighbors trees myself therefore encouraging liability and trespass for the actions. When I questioned her about it, as I know better, she told me I" could trim the trees if they are on my property"I speak to the renters, as neighbors do, on occasion and no mention has ever been made about the landlords asking the renter to trim the bushes and trees. The renter only minimally trims the trees and bushes on their side of the property. The woman renting the house is elderly and would not be able to trim the large branches without hiring someone as was explained to the President of Matlock HOA in October of when the problem was first viewed by him. The Matlock HOA Presdient told me to ask the renter to trim the bushes and tressI find it hard to believe the property owners asked a 70+ year old lady to trim the bushes and large trees. The trees and bushes have not been trimmed for years that encroach upon my propertyI doubt the renters feel it is their responsibility to trim the trees and bushes on rented property or bear the costMy understanding from the renters is the property owners are only interested in collecting the monthly rent payment. I feel Matlock HOA needs to review their CC&Rs and uphold their end of the CC&Rs as outlined in DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MATLOCK PLACE SUBDIVISION, Ada County Recorder #***, Dated November 29, 2000, Section entitled "Exterior, Maintenance; Owner's Obligations. All improvements, especially the exterior appearance of the home, lawn trees, fencing and landscaping shall be kept in good condition and repair. In the event an Owner permits an improvement to fall into disrepair, or to create a dangerous, unsafe, hazardous, unslghtly or unattractive condition, then the Board or Grantor, after thirty (30) days prior written notice to the offending Owner, shall have the right to enter upon that owner's property to corrects such condition. Owner shall be obligated to reimburse the Board or Grantor for all of the cots of the corrective action as set out in Article and below."In light of the above section contained in the Matlock CC&Rs, I don't think the CC&Rs could be any more clear as to who has responsibility to trim the trees and bushes when the property owners refuses by inactionRegards,*** ***

My name is *** *** and I am the owner of Choice One HOAS of PO Box 57, Eagle, Idaho, and HOA manager of Matlock Place Neighborhood Association of that same mailing address. First of all I must clarify that as being the Matlock Place HOA manager, Choice One HOAS
takes its directives from the elected Board of Directors of Matlock Place HOA. Choice One does not have the authority to direct work to be done on any homeowners private property, nor for a common area for that matter, on behalf of the HOA unless express written authorization from a board member has been provided to do so. By definition: The directors/board members are responsible for enforcing the association’s governing documents and maintaining the common area property. The directors/board members, use the “Business Judgment Rule” and make almost all the decisions regarding the corporation’s business.* The owners name and address of the property in question are a matter of public record available on the Ada County Assessor’s website for anyone to obtain. As the HOA manager, we do not share information without written permission from that homeowner prior. It was also conveyed to *** that we had no other mode of communication for the homeowner with the encroaching landscaping other than an USPS mailing address; no phone number nor email address, and still do not. *The board of director’s reviewed the situation and deemed this encroachment to be a civil matter between neighbors. Legal counsel for Matlock Place HOA, *** *** of *** ***, was contacted, apprised of the matter, and concurred this is was civil mater between neighbors and was not for the HOA to become involved in. Something homeowners frequently confuse is that any federal, city, or state law, including ordinances, trump any CC&R neighborhood rule. By definition: Trespassing occurs when an individual enters onto property that is owned by another person without permission from the ownerTrespassing cases may be civil or criminal in nature, depending upon the type of property onto which an individual has enteredThere are legal repercussions associated with trespassing. Legal counsel advised the Matlock Place HOA board that to enter upon a property to rectify an encroachment could be deemed as trespassing. Last fall the owner of the property with the encroachment did call after she had received the letter from the HOA and said she had directed her renters to cut back the encroaching landscaping. The Matlock Place HOA board of director’s felt they had satisfied their duties in conveying the issue to the homeowner and her acknowledgement of same. As I understand it, the Matlock Place HOA board members made a visit to *** house on May 4, to discuss this matter further, and was asked by *** to leave her property because she did not like the answers that the board was providing.Thank you,-*** ***