Panel wants POA involvement

Jun. 17—Members of the Cumberland County Health and Safety Standards Board spent about half of their most recent meeting handling complaints against properties that were governed by property owner covenants, leaving members wondering what the role of the homeowners association should be.

"We have the ability to go in there an act," County Attorney Philip Burnett told the board during its May 19 meeting. "But we would prefer the POA do it, obviously. Most of these restrictions give them more power than we actually have. They just have to enforce their restrictions."

He recommended the committee notify property owners associations when a complaint is brought to the board and is governed by restrictive covenants and a homeowners association board.

"I would expect the POA would want to be here," Burnett said.

The committee fielded three complaints related to properties in Lake Tansi:

—Oswego Rd., property owner was to begin clean up before end of May to remove a dilapidated building, camper and disabled automobiles

—Wabash Lane, with complaints of trash and debris on the property and a residence without working water supply; to ask Sheriff's Office to deliver letters of complaint to the residents and property owner

—Yourk Dr., complaint of a property attracting rodents and an unsafe structure abandoned following a fire last year; letter of complaint to be sent to the property owner seeking clean up of the property and that the structure be secured

"Usually by sending a letter, we accomplish a lot of the clean-up — which is all anybody wants," Hyder said.

But the committee is only empowered to handle complaints where the conditions of the property present a health or safety hazard to the community and they have a valid complaint filed by three property owners within 150 yards of the property.

Willie Harris, of Yuork Rd., said he had been communicating with the POA in Tansi about property on his street for about a year.

"They finally gave me this committee to come to," he said. "Once I started dealing with you, they said it's out of their hands ... It's breaking the covenants we had to sign to get to build a house out there."

Lake Tansi has about 10,390 lots in 56 subdivisions. The property covenants vary from one subdivision to the next but generally deal with issues of debris, limitations on fences and restrictions on household pets. The rules include minimum building sizes, the time allowed for construction, and the use of property as rental units.

Some of the covenants were set to expire in 2017, but a vote of the property owners extended those rules.

"They [the POA] have more teeth typically than we do," Burnett said. "Our actions have to be off safety and welfare — it's an endangerment situation."

The HSSB can find properties in violation of health and safety property standards. They typically provide property owners notice of a violation and offer them an opportunity to contact the committee and attempt to rectify the issues.

If conditions persist, the board can put a lien on the property or file a civil lawsuit against the property owner assessing fines or recouping clean-up costs.

But that process takes time, Burnett said.

"There are two levels of neglect: the person who is not taking care of the property and the property owners association that is not responding," said Rebecca Stone, 3rd District representative.

She asked if the board should be notifying property owners associations when they receive a complaint for property within their jurisdiction.

Hyder said, "I'm sick of — and Philip's probably sick of — doing their work for them."

Burnett said the board has no authority to require a property owners association to act.

"Our action has to be on the property owner or the person living on the premises," he said.

"I think we should invite the POA to come in and this committee have a meeting with them. Have an open discussion," he added.

Craig Clark moved that the county notify property owners associations when a complaint is received on any property governed by a POA and request they attend the HSSB meeting. Joe Koester supported the motion and also requested the county commissioner for the area also be notified. The motion was approved.

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.