U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina > Charlotte
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 06-30-2010, 09:59 AM
 
83 posts, read 413,640 times
Reputation: 75

Advertisements

Sure no problem. I'm guessing that your neighbor will most likely do something if he gets a violation letter. The HOA board really didn't understand how much flooding occurred until I showed them pictures and measurements with a ruler/measuring tape. After that, (this happened last year), every time they send out a subdivision newsletter, they always mention blocking the natural drainage way and the flooding issues that can occur and that it's illegal to do. Hehe....so you can have an impact with your HOA. You have to be aggressive and keep bothering them. We had mosquitoes living in the ponding water for weeks and it was really gross. The HOA said that was a health issue as well. They even asked for copies of the pictures.
Reply With Quote Quick reply to this message

 
Old 07-01-2010, 08:03 PM
 
5 posts, read 25,355 times
Reputation: 14
He's gotten many violation letters and he thumbs his nose at all of them. His deadline to comply has passed or he gets fined on a daily basis. Don't know if they actually imposed the fines or not. I did send them pictures of the flooding and the Board was really angry. The Board told me he wasn't going to win because he's absolutely wrong and there are laws that say he can't block the swale and the Board was not going to let up until the fence was raised or taken down. Then within a week or so, the Board changed it's mind. I think the race card was played.
Reply With Quote Quick reply to this message
 
Old 07-01-2010, 08:13 PM
 
Location: Lake Norman, NC
7,180 posts, read 11,196,367 times
Reputation: 30731
It may be time to retain a lawyer to advise you on taking action against the Board for dereliction of their fiduciary responsibilty of maintaining the bylaws of your neighborhood. For the cost of filing a lawsuit against the HOA, it may re-spark them to do their jobs!
Reply With Quote Quick reply to this message
 
Old 07-02-2010, 09:38 AM
 
83 posts, read 413,640 times
Reputation: 75
Yea that's really weird that the board decided not to do anything. So they said he was correct or that they couldn't do anything. I would try to get it in writing that the Boar dwill not help you...maybe in email form? Try to get as much documentation (including NC laws and the Board's and neighbor's refusal to follow them), then get a lawyer I guess. Hopefully, you'll get awarded money to pay for your lawyer as well. If you have a strong enough paper trail showing that the Board knowingly refused to carry out their duties, I think a judge woud award you money to offset any fees you incurred in pursuing this matter legally.
Reply With Quote Quick reply to this message
 
Old 07-02-2010, 03:58 PM
 
5 posts, read 25,355 times
Reputation: 14
Let me clarify one thing I said. I did have an attorney contact HOA because NEVER ONCE has HOA responded to one email of mine regarding this issue. I have to go to our community meetings to get answers. After the last meeting and I spoke to the one Board member who said they were going to pursue this until either the fence was down or it was raised a foot above the swale and they were going to get a restraining order against him from ever doing anything to the swale in the future, another month passed and nothing was done and no one from HOA would tell me where things stand on this issue, I got frustrated and had an attorney call HOA. HOA said "they" were no longer going to aggressively pursue this. This attorney told HOA that is your job to see that these things don't happen within your community and it's one of the reasons people pay HOA dues and the HOA will be held financially responsible, along with the neighbor if I incur any damage as a result of flooding. (By then, it's too late!!) HOA said they aren't willing to spend the money. Believe me, if I have to retain an attorney and this goes to court, the dime isn't coming from my pocket. This isn't a matter of a neighbor that planted a tree on the property line or some other trivial matter. We are talking about my home flooding and if the law says you can't block or obstruct a swale, I just don't understand why this hasn't gone before a judge already. HOA also said they feel it's a vendetta between neighbors. The attorney said that's a cop-out and there have never been any problems between these neighbors until the swale was blocked. If HOA wants to consider it a vendetta, fine, but it's still against the law to block and obstruct a swale and it is their responsibility to see that the water in the swale runs freely.
Reply With Quote Quick reply to this message
 
Old 07-02-2010, 04:08 PM
 
Location: Lake Norman, NC
7,180 posts, read 11,196,367 times
Reputation: 30731
That's all the more reason you need to have the lawyer start action against the HOA. Force their hand to swat the neighbor!
Reply With Quote Quick reply to this message
 
Old 05-20-2011, 10:57 AM
 
1 posts, read 744 times
Reputation: 10
Default here is another twist

I have a lot adjoining a house. The owner is not only diverting water from his lot to mine but has actually come onto (20 feet or more ) my land and extended small berms to drain his flow onto me. I would like the statutes that protect me before talking to him.(he also tosses all his pinecones onto me )
Reply With Quote Quick reply to this message
 
Old 05-20-2011, 11:03 AM
 
Location: Ballantyne
214 posts, read 343,857 times
Reputation: 162
PM me your address and I'll go egg his house and then saw off the bottom of his fence so more water can flow through. :-)
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina > Charlotte
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top