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Old 10-12-2008, 08:02 AM
 
276 posts, read 417,044 times
Reputation: 232

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Thanks for the response.

But it's not just my house. I want them to get out of the "Amateur Home Design" business. I think they watch too much HGTV, and don't understand that what might be appropriate in one venue is not in another.

But I don't really want to argue aesthetics with them. It's too mushy. I want them to follow the covenant - the one thing they are authorized to do is preserving the community, not mucking it up.

As I originally wrote, and one poster misinterpreted, I was distressed but resigned when I thought these colors choices were being made be individual homeowners. When it turned out it was the result of unauthorized and premeditated coercion, that is something I can't allow.

Not to repeat myself, but I've been through this before. I move into a special, magical place only to find people trying to change things because they want to live somewhere else. The other time this happened, it was a tiny subset of the residents, and again, they gravitated to being members of the HOA.

The real problems are complacency and lack of information on the part of the homeowners. Residents (other than me) never attend HOA meetings, allowing the HOA members to do whatever they please. But the part about lack of information - lack of Fair Disclosure - suggests the HOA knows what they are doing might not be asgreeable to the majority of the residents if they knew. And people (myself included) tend to believe it if someone in an official capacity tells them they have the authority to do what they are doing.
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Old 10-12-2008, 11:48 AM
 
Location: Charlotte, NC
4,760 posts, read 6,409,050 times
Reputation: 5236
I'm gald I didn't buy another place in Raintree.

Do you have any idea how many, if any, other people feel the same way you do? I'd be a little mad, too. Since when did you have to have approval to repaint your house the same color it already is? Never heard that one before.
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Old 10-14-2008, 03:51 PM
 
41 posts, read 94,208 times
Reputation: 28
Most HOA's require that homeowners receive approval before any alterations can be made to the exterior of the home (fences, painting, retaining walls, etc). Does Raintree have an architectural reveiw form and process for this?

Design guidelines are adopted and are meant to change over time to give the people who live there a greater voice in the community and to be flexible to the needs of the community over time.

Many HOA's CC&R's and by-laws state that they have the right but not the obligation to enforce some of all of their own rules. Does your community have this clause?
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Old 10-14-2008, 04:26 PM
 
Location: Huntersville
1,852 posts, read 4,666,295 times
Reputation: 525
I will check a contact for you... before then...

Check to see if there are any updates to the by-laws. They usually have to go for a vote, but can be update almost every year. Second, like you said, suing is not what you really want, you should be able to keep your house color, which is why you bought it. Note suing an HOA for money doesn't really work, because the community supports it. You can get board people replaced, or enforcement of individual needs, but if you wanted the HOA to pay for and paint 100 houses (even if all the people wanted it) all the would do is A) come from the HOA insurance (which you pay for), or B) come from an assesment, which you would probably pay for as well. So again, before you go down this path, think about what you really want done. If you want your home to stay the same in a sea of non-please colors, by all means, pursue, but if you want money or the HOA to spend lots of money, it will cost YOU. If this "rep" was jsut suggesting colors, not much you can do, if they deny you in writing from painting your house the same color, you may have a case. Get it in writing!

Lastly, great posts and I agree with you, not a fan of over-reaching authority.
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Old 10-15-2008, 04:41 AM
 
Location: Charlotte, NC
7,041 posts, read 13,104,253 times
Reputation: 2323
Good luck!!
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Old 11-07-2008, 11:02 PM
 
56 posts, read 122,542 times
Reputation: 29
Default Breach of contract

Quote:
Originally Posted by wsobchak View Post
Hi,

I have searched this forum for HOA-related topics, and found several. But since I am specifically looking for legal help, the other threads didn't seem to cover the subject matter.

I am looking for a lawyer experienced with HOAs. I understand that HOAs are often seen as legally bulletproof.

But in this case, I will be charging the HOA itself of violating the language of the covenant. And my intent would be to seek restitution in the form of the re-painting of possibly 100 houses to restore them to their original color.

The HOA is a sub-community in Raintree.

Can anyone recommend a lawyer in this issue?
Its called a breach of contract but you need to read the ccrs very close to see if you a have a right of action
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Old 11-07-2008, 11:04 PM
 
56 posts, read 122,542 times
Reputation: 29
read section 47f and 55a of the nc general statutes this covers HOAs
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Old 11-07-2008, 11:12 PM
 
56 posts, read 122,542 times
Reputation: 29
did the hoa have a meeting and pass the new colors. and are there any definitions in the ccrs for the styles of homes in raintree. Some of these hoa folks tend to stretch their authority.
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