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Old 01-30-2010, 08:08 PM
 
Location: Wouldn't you like to know?
9,114 posts, read 15,636,293 times
Reputation: 3689

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Quote:
Originally Posted by Stripes17 View Post
Here we go again!

Sorry OP, but you do need to abide by the Covenants and Restrictions that you agreed to when buying your home. That does include getting permission to make changes to the exterior of the home.

Your post is going to invite the the anti-HOA poster's who are going to spew doom and gloom to scare the heck out of you. HOA's are not bad for the most part. I'm sure there are some "doozies" out there. For the most part, they are easy to live and work with.

Contact whoever gave you the violation and the Architectural Review Committee to achieve resolution. This would include getting a permit for the sidewalk or the removing it.

Good luck!
I thought it was common knowledge that anytime you make significant modifications (ie a deck, sidewalk, outdoor shed, fence, pool,etc) to your property in an HOA community, you would need the blessing of the architectural committee. I also thought most people would read their covenants and/or contact the HOA on clarifications before moving into a community w/an HOA.

Like 99% of the cases about HOA's brought up on C/D, if the homeowner would've taken the correct steps, these disputes could've been prevented before it gets to a point like this...
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Old 01-30-2010, 09:45 PM
 
1,106 posts, read 3,059,725 times
Reputation: 828
Quote:
Originally Posted by Ex-LI View Post
Then your HOA president is a control freak. YOU own the HOA, you're allowed to sit in on any board meeting, except when they're discussing an individual homeowner.
Yeah, what they said.

You can sit in on any meeting unless a lawsuit or a homeowners "private" matters are being discussed. I have seen where the "private" is pushed to the extreme and they want a closed meeting but the whole meeting can't be private. The HOA are treated as the "board of directors" of a nonprofit.

You should have went through the process of getting the sidewalk approved in the first place.

Sounds to me that you need to do some reading.
NC Nonprofit Act
NC Planned Communities Act
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Old 01-30-2010, 09:54 PM
 
236 posts, read 489,515 times
Reputation: 155
I would have also consulted the HOA before proceeding. How much do you stand to lose? Good luck!
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Old 01-31-2010, 05:23 AM
 
4,010 posts, read 8,922,126 times
Reputation: 1585
Quote:
Originally Posted by pumbaa View Post
According to my HOA pres. I cannot sit in on the meetings only the 1 meeting they hold at the clubhouse/pool area every 6 months to fill us in on what they "feel" we need to know. When you start asking questions they end the meeting.
This would be illegal in NC. Furthermore, you have not only the ability vote for the members on this board, you can petition to run for the board. I would say that you need to get a copy of your HOA rules and read through them. You should have been handed one at or before closing. In addition read the link posted above.
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Old 01-31-2010, 05:30 AM
 
4,010 posts, read 8,922,126 times
Reputation: 1585
Quote:
Originally Posted by CouponJack View Post
I thought it was common knowledge that anytime you make significant modifications (ie a deck, sidewalk, outdoor shed, fence, pool,etc) to your property in an HOA community, you would need the blessing of the architectural committee. I also thought most people would read their covenants and/or contact the HOA on clarifications before moving into a community w/an HOA.....
This is dependant upon the individual HOA rules and it pays to read them. I live in a older community and the rules here would not cover a sidewalk being added so you can do as you please. Our HOA is limited to structural changes to the house itself and paint/roof colors. Interestingly, there are a lot of places in the county now where adding a sidewalk can get you in trouble with the county due to watershed restrictions built into the deed that state how much of the ground can be covered.

Some HOA rules were invalidated en masse by the Federal government. One are rules covering satellite dishes and TV antennas. HOAs cannot restrict either for aesthetic reasons.
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Old 01-31-2010, 06:44 AM
 
Location: S. Charlotte
1,511 posts, read 2,874,013 times
Reputation: 675
The issue is not what you put in but that you did not follow the appropriate paperwork to do it and then you got busted.

At this point I'd try like heck to make peace with the HOA b/c if it's in the bylaws that these changes need prior approval, and you signed all the paperwork, then they probably will win if you did not get prior approval.
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Old 01-31-2010, 08:11 AM
 
2,152 posts, read 6,055,568 times
Reputation: 1377
I can speak from an HOA Presidents point of view since I have served on my board for 3 years and have been President for 2.

1) Oftentimes people who do not want to get involved in their HOA are the people that complain the loudest when something happens that doesn't go their way.

2) You should have gotten approval before doing anything to alter the outside of your home. Common sense should have told you that and you obviously knew you had an HOA.

3) Not all HOA's are bad. The ones with the "control freaks" are the exception, not the norm. In our situation we have a GREAT management company that does a lot for us and gives great advice on what we can and can't do. They have a full legal dept and the managers know the laws and keep us in check.

4) Please keep in mind that the board does not get paid for doing this and are volunteers. Try to make their job a bit easier by abiding by the rules which you signed up for in the first place and realizing that nobody held a gun to your head to purchase a house in the community.
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Old 01-31-2010, 08:29 AM
 
1,343 posts, read 2,913,227 times
Reputation: 976
Many in our neighborhood became uncomfortable with the entrenched HOA board. Although the overriding stated goal was maintaining the value of our homes, the HOA president showed symptoms of being a "control freak." There was one HOA meeting where a controversial topic was to be discussed so many homeowners were interested in attending. When we arrived at the small meeting room there was a sign posted that the fire marshall (What fire marshall??) had strictly limited the people in that room to a very small number. I thought that was fairly outrageous. We have since voted in a new slate of board members.
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Old 01-31-2010, 10:07 AM
 
Location: Lake Norman, NC
7,180 posts, read 11,192,863 times
Reputation: 30731
Quote:
Originally Posted by CouponJack View Post
I thought it was common knowledge that anytime you make significant modifications (ie a deck, sidewalk, outdoor shed, fence, pool,etc) to your property in an HOA community, you would need the blessing of the architectural committee. I also thought most people would read their covenants and/or contact the HOA on clarifications before moving into a community w/an HOA.

Like 99% of the cases about HOA's brought up on C/D, if the homeowner would've taken the correct steps, these disputes could've been prevented before it gets to a point like this...
I agree, Jack. It seems that the OP can take some simple steps to mitigate the circumstances (now after the work has been completed) and make things right with the HOA.

I was just bracing for the inevitable flurry of anti-HOA posts that tend to arise from such a thread.
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Old 01-31-2010, 10:25 AM
 
Location: Lincoln County
146 posts, read 414,707 times
Reputation: 57
I agree. Talk to your HOA and come up with a resolution. A resolution may be as simple as providing them with a design plan to show what you intend to do with the yard/sidewalk.

Quote:
Originally Posted by Stripes17 View Post
Here we go again!

Sorry OP, but you do need to abide by the Covenants and Restrictions that you agreed to when buying your home. That does include getting permission to make changes to the exterior of the home.

Your post is going to invite the the anti-HOA poster's who are going to spew doom and gloom to scare the heck out of you. HOA's are not bad for the most part. I'm sure there are some "doozies" out there. For the most part, they are easy to live and work with.

Contact whoever gave you the violation and the Architectural Review Committee to achieve resolution. This would include getting a permit for the sidewalk or the removing it.

Good luck!
Reply With Quote Quick reply to this message
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