HOA lawsuit threatened (houses, landscaping, gated)

[loves2read]

Our city allows minimum of 2 ft side setbacks--that is what the variance is for so the city has no issue per se with setback...
And I don't think there is an easement in back-- overhead utility line and electric comes in at front

[loves2read]

The forms are staked
Any city permits have likely been issued

I don't think there are easement issues in backyard--neighborhood has brick wall along its property line--utility poles w/overhead lines are on city's side other side of fence
House Electric comes through the front yard
Don't know where phone box is cause not installed yet
Haven't seen lot--out of town right now

[aggieplaya]

What's the point of having an HOA with "rules" if they aren't going to enforce them equally? This is the danger with making exceptions....then someone else wants an exception, and you have someone else that gets upset and wants to sue/litigate. If the HOA planned on allowing a variance, they should have taken it up for vote amongst all the owners to make sure everyone else was in favor.

I can't blame the owner for being upset. Whether it ends up having a true impact or not in the home values as a result is kind of irrelevant - what next, you allow someone to park 10 cars in their yard? Again, if you plan on having rules then you should enforce them equally otherwise the system is a joke.

[MurphyPl1]

Sounds like the law suit is much needed.

I've been involved with our HOA for 10 years, including 2 board terms. Things like this make me crazy. We try hard to be transparent and do what's right for our community within our CCRs. But we get painted with the same evil brush when others do this stuff

And as a PP pointed out it is illegal not to let residents speak. Perhaps the lawsuit will make that clear.

[cully]

Do look up your state laws on lawsuits. I know some states where the loser pays the winner's costs. Just to be sure you are aware of that if it is the case in your state.

[loves2read]

TRO granted
Injunction served today to halt construction process
Have to have hearing within ten days to determine merit of injunction
If there IS merit to stopping that house with the variance being built then injunction is permanent
The lot owners can build another home on lot that doesnt require a variance or try for modified variance

Can any homeowner go to that hearing as interested party since member of the HOA being party to suit?

[loves2read]

[quote=loves2read;40821669]TRO granted
Injunction served today to halt construction process
Have to have hearing within ten days to determine merit of injunction
If there IS merit to stopping that house with the variance being built then injunction is permanent
The lot owners can build another home on lot that doesnt require a variance or try for modified variance

Apparently the HOA insurance used law firm in Dallas--Burt Barr that does lot of insurance cases

Does anyone know if the HOA insurance will cover legsl fees and damages to HOA if injunction is sustained?
Or is it only damages against the Board that it pays?

Can any homeowner go to that hearing as interested party since member of the HOA being party to suit?

[cully]

Originally Posted by loves2read

TRO granted
Injunction served today to halt construction process
Have to have hearing within ten days to determine merit of injunction
If there IS merit to stopping that house with the variance being built then injunction is permanent
The lot owners can build another home on lot that doesnt require a variance or try for modified variance

Can any homeowner go to that hearing as interested party since member of the HOA being party to suit?

Your next post leads me to think it is not private person against private person but private person again HOA. You are one of the HOA. So, yes, you should go.

[IC_deLight]

Originally Posted by loves2read

TRO granted
Injunction served today to halt construction process
Have to have hearing within ten days to determine merit of injunction

The law actually allows 14 days and one extension of 14 days within which the hearing must take place.

Originally Posted by loves2read

If there IS merit to stopping that house with the variance being built then injunction is permanent

No, the injunction if granted would be temporary until the conclusion of the trial. The HOA will have to deposit a bond to secure payment of damages in the event the HOA ultimately loses.

Originally Posted by loves2read

The lot owners can build another home on lot that doesnt require a variance or try for modified variance

Why would they want to invest more money in such a wretched place?
The buyer can determine they would rather proceed and prevail against the HOA based on the restrictive covenants and existing case law.

Originally Posted by loves2read

Apparently the HOA insurance used law firm in Dallas--Burt Barr that does lot of insurance cases

Does anyone know if the HOA insurance will cover legsl fees and damages to HOA if injunction is sustained?
Or is it only damages against the Board that it pays?

This makes no sense. If the HOA prevails then what damages did the HOA suffer as a result of prevailing on the injunction issue? If the HOA loses then I expect it will be liable to the buyers. The terms of the insurance policy determine coverage but it is not likely that the policy was designed to encourage the type of conduct engaged in by the HOA by paying for the HOA to sue its involuntary members or by picking up the tab for damages caused by such intentional acts.

Originally Posted by loves2read

Can any homeowner go to that hearing as interested party since member of the HOA being party to suit?

The claims that "you are the HOA" have no merit and serve only to reflect and perpetuate ignorance. You can go as a member of the general public because the courts are open. As a non-party you will not be permitted to attend events such as depositions unless of course you are the one being deposed.

[cully]

Is your HOA incorporated? Was that decided yet? If so, it (the corporation) needs an attorney to represent it in legal matters.

To what entity are you challenging the variance? Actual court...open to those concerned and involved and sometimes just onlookers. City council public hearing? You get the word 'public'. For example, the Dallas Board of Adjustment looks at paperwork and then holds the pubic hearing for the variance. (Public) I'm thinking this is a board or a public hearing situation?

If you haven't already, get educated on the zoning laws and the process for obtaining a variance... permitting dept, county courthouse, online. GIS maps can show zoning and you can then learn what the rights are for that zoning. For example, did the neighbor even have a pubic hearing and go before the Board of Adjustment. This is a start for research on what the neighbor should have done and may not have... to build your case: Boards and Commissions

Learning just what the variance is/requires can let you know just how much has been overlooked/denied to fellow residents in granting this variance.

A friend sent me this for Dallas: The variance must be necessary to permit development of a specific parcel of land being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land in districts with the same zoning classification. A variance may not be granted to relieve a self-created or personal hardship, nor for financial reasons only, nor may a variance be granted to permit any person privilege in developing a parcel of land not permitted by the zoning ordinance to other parcels of the land in districts with the same classification.


From : http://dallascityhall.com/department...eal-chklst.pdf