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Old 11-19-2008, 11:19 AM
 
1 posts, read 1,279 times
Reputation: 10
Unhappy Homeowner association in violation

We live in So. Georgia and bought land and built a house very rural, nonetheless a rural "community" with a homeowners assoc. to which we pay every year. Among other things not kept up with per our agreement; we recently found out there are two homes built here that are below the minimum square feet in our bylaws. Recently, one of them sold and is now a comp for the rest of us, and therefore lowering our home values. The homeowner association consists of the farmer and his wife, who sold off their land to create this very nice environment in the country. Where do we stand as far as righting this situation or being compensated for the loss of home value. We had lived in Florida and are well aware of Homeowner Association situations.
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Old 11-19-2008, 02:00 PM
 
1,474 posts, read 1,527,491 times
Reputation: 1962
Lawyer time.

If the farmer and his wife are local folks and you are not; and the judge is local, then I would not hold my breath on winning this one. Still, it is lawyer time if you want to pursue this.
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Old 11-19-2008, 05:36 PM
 
Location: sowf jawja
1,888 posts, read 4,806,886 times
Reputation: 894
find out when the covenants were filed. we built some houses in a community in which the developer sold the lots before filing covenants, therefore we weren't restricted on what we could do. maybe its the same situation where you are? do you mind me asking what community you are in?
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Old 11-19-2008, 09:39 PM
 
Location: St Simons Island and Atlanta, GA
12,455 posts, read 17,926,454 times
Reputation: 5420
Quote:
Originally Posted by dotsorizzo View Post
We live in So. Georgia and bought land and built a house very rural, nonetheless a rural "community" with a homeowners assoc. to which we pay every year. Among other things not kept up with per our agreement; we recently found out there are two homes built here that are below the minimum square feet in our bylaws. Recently, one of them sold and is now a comp for the rest of us, and therefore lowering our home values. The homeowner association consists of the farmer and his wife, who sold off their land to create this very nice environment in the country. Where do we stand as far as righting this situation or being compensated for the loss of home value. We had lived in Florida and are well aware of Homeowner Association situations.
Is that even legal? I thought an HOA had to include anyone that owned a home in the community. How does the agreement spell it out?
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Old 11-20-2008, 02:22 PM
 
41 posts, read 60,580 times
Reputation: 27
In North Carolina HOA bylaws must be on flle with the register of deeds prior to the sell of the first home in the community. Also, just becuase a home near you was built smaller than yours doesn't necessarily bring down your appraised value. Square footage is taken into consideration when preparing comps - as are number of bedrooms i.e. garages, basements, a new roof, etc...
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