ChoiceOne HOAS

I did respond to complaint Complaint ID #*** on June 7, 2015. Your system shows I did not respond. That is incorrect
Here is my response below.
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below. The content of the letter is prejudiced and written solely to reflect *** *** 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.m. but 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 *** 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 *** Place CC&RS. I have pointed out and read this section to the President of *** *** and is referenced word for word in the last paragraph below. Any 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 *** 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 *** *** 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 *** *** 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 *** ***, 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 *** *** 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 excuses. Regardless 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 *** *** in October of when the problem was first viewed by him. The *** *** President 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 *** *** needs to review their CC&Rs and uphold their end of the CC&Rs as outlined in DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR *** 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, unsightly 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 fo all of the costs of the corrective action as set out in Article and below."In light of the above section contained in the *** 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 inaction. Regards,*** ***

Dear [redacted] and [redacted]:
My name is [redacted] and I am the owner of Choice One HOAS of [redacted]  [redacted], Idaho, and HOA manager of [redacted] Neighborhood Association of that same mailing address.
I am writing you in response to two complaints  (#[redacted] and...

#[redacted]) filed by [redacted] on May 16, 2015.
First of all I must clarify that as being the [redacted] HOA manager, Choice One HOAS takes its directives from the elected Board of Directors of [redacted] 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.*
With reference to complaint # [redacted] as I explained to [redacted] in documented email communications, the letter I sent to the owner of the property addressing the encroaching trees and shrubs was two fold; one addressing the encroachments, and the other addressing a more private matter.  This letter could not to be shared with anyone other than the [redacted] board of directors. 
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 [redacted] 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 [redacted] HOA, [redacted] of [redacted], 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 owner. Trespassing cases may be civil or criminal in nature, depending upon the type of property onto which an individual has entered. There are legal repercussions associated with trespassing. 
Legal counsel advised the [redacted] 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 [redacted] 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 [redacted] HOA board members made a visit to [redacted] house on May 4, 2015 to discuss this matter further, and was asked by [redacted] to leave her property because she did not like the answers that the board was providing.
With reference to complaint #[redacted] the complaint is basically of the same nature with the exception of the accusation of being female discriminatory in the addressing of CC&R violations and enforcement.  This allegation is completely unwarranted.  As you must understand I cannot divulge my inspection reports to anyone other than the [redacted] HOA board of directors for privacy reasons, but I did share with the Revdex.com a copy of my most recent report, which indicates out of 40 CC&R violations cited, 35 were to men and 5 were to women. We do not issue violation notices based on who lives in the property .... they are issued solely based on the violation itself.  With no one having access to this information other than Choice One HOA and the [redacted] HOA board of directors, there is no founded basis for an allegation of female discrimination whatsoever.
The [redacted] HOA annual meeting was held last fall in which, by documented email communication, I personally encouraged [redacted] to attend the meeting to discuss this further, but she did not attend.  Annual meeting notices were sent out in thirty days prior to the meeting date and included financials and budgets to each homeowner, providing documentation as to what the $230 annual dues pay for each year. 
Thank you in advance for your fair consideration, if you need any additional information please let me know and I will be happy to provide it to you. 
[redacted]Choice One HOAS[redacted]