I don't usually post to these things, but feel like the initial "complaint" is misleading. I hope the person is just "venting" his or her frustrations. I am a private citizen who has worked with CCM. I think a response is needed because the initial post might confuse or anger someone without good reason. I'm not trying to put down the complainant or show off. I don't really care, but just wanted to do this as a public service announcement. These comments should be read as a general statement. Perhaps, the initial complainant's Board is participating in some bad behavior. If so, then I feel sorry for that community. Anyways, here we go.
First, CCM is a property management company that is hired by your HOA to help the Board manage the property. In general, Board members are volunteers and have other commitments (e.g., family, friends, jobs, church, etc.) besides making sure that HOA bills are paid, HOA fees are collected, and inspecting the property. The elves do not come out to make sure that your community is in good health. Your Board makes decisions and CCM simply helps the Board manage the community.
Second, if you have a HOA community, then you likely agreed to follow certain covenants and restrictions. The initial complainant claims that it was forced on him or her. That is simply incorrect. He or she probably just didn't carefully read the purchase agreement. In the alternative, he or she could have hired an attorney to review the purchase agreement. You always have the option to walk away. Hollow consolation after the fact, but worth pointing out. BTW, you can't just strike out the line and expect the Developer to say A-OK! The complainant should not have purchased the home. There is the remote possibility that the complainant was misled by the Developer. If so, the complainant may want to consider hiring an attorney to pursue the Developer for fraud.
Third, an HOA does not get a kick-back from the attorneys. I think the complainant is referring to the Board. If so, then the community has bigger problems. But to make an accusation regarding kickbacks in general is simply incorrect. Also, attorneys can lose their licenses over fee sharing with non-attorneys, so it's a highly risky way of doing business.
Fourth, enforcement of covenants is a benefit to the community and your property values. Imagine if your neighbor just decided to put a 50-ft flagpole in his or her yard. Try selling your house with a neighbor with a 50-ft flagpole. "Oh, I love the house, but what's up with your neighbor?" True, covenants are drafted and interpreted by people. Hopefully, your Board has the wisdom to approve/deny certain changes. That's why you should pay attention to who is on your board. BTW, it is not a violation of your civil or constitutional rights to enforce a contractual relationship between the homeowner and the HOA. Interestingly, you give up a lot of rights when you become a homeowner in a HOA-operated community, including constitutional rights depending on the jurisdiction.
This person has probably violated a covenant and is upset. Just knock it off and then the letters and fines will stop. It's as simple as that.
In conclusion, read the fine print. If you can't, then get an attorney (if the attorney misses something, at least you could go after the attorney for malpractice). Determine if you want to be in a HOA-operated community. HOAs are very powerful organizations and most homeowners don't have the resources to combat the HOA (the complainant is correct regarding this point). Some HOA communities are good; some HOA communities are bad. It just depends on who is on your Board. If it's bad, then get involved. It's your home and money.
I hope this helps...
In conclusion,
