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She did already have hers up before the HOA was established.
What you stated here is the key. Since there was not an HOA before, she could have been grandfathered in because her gazebo existed before the HOA did. I am not sure they could have had her removed it... You mentioned it was written in, and this is quite possible. The HOA may not have "liked" it (as they keep voting "no" for yours) but because hers was pre-HOA it was probably written in as an exception.
It would be interesting to see what happens if she sells or rents the house. I wonder if the HOA would have it removed then. (if she did not take it with her)
Last edited by newguy416; 03-29-2010 at 01:00 PM..
OH, just keep it there, and tell the HOA people to leave you alone, this grandfather crap is just that, if she can have a gazeebo, then so can you, period and end of it.
What are they going to do, put you in jail????
I absolutely would make a big stink about it, especially since it is in your backyard.
Actually, I don’t think I would ever buy a house without an HOA. I don’t like paying the fees but I do like that there are things a homeowner is not allowed or has to do. An HOA normally keeps the neighborhood nice and neat. Maybe I have always had good luck with them though. Sorry about your gazebo, normally if it is not good for one, it is not good for all. Unless it was preexisting, like mentioned above.
What I liked about my last HOA was that the community pools were always clean and kept up. They also planted trees and flowers at each entry and around the walking trail in the community. Homeowners were required to mow their lawn, which may not sound like a big deal, but live next to someone who likes to wait for the grass and weeds to get 6”. I am also glad that nobody could paint their house pink, black, purple or any other non approved colors. These were just a few of the good things. I am not a communist by any means, I just like to have my neighborhood to have standards.
But...each city, state and neighborhood and HOA is different.
While everything you state makes sense, sometimes you just cant keep the grass at a perfect height at all times, sometimes there will be a few weeds. OK, colors, well not everyone has the same taste in colors, so sometimes we see colors that we do not like.
But some rules regarding certain plating, cars parked, and of course my favorite of all time, which is the number one reason I would never in a billion years live in a HOA, is because I have a clothesline, and will always have a clothesline, always and forever until the day i die !
I just bought a house with an HOA. The rules are very minimal. They really only cover structures (as in building additions) and tree removal. The only specific items mentioned that isn't structural and trees is "no motorcylce rallies or motorcycle conventions".
This was one of those gazebos you can buy at Target and assemble yourself. She did already have hers up before the HOA was established. And having said that, if there wasn't an existing HOA to begin with, why would she need to have her gazebo written into any kind of contract? I doubt I will fight this. It doesn't even seem worth it. I have followed procedures as far as begging to keep the gazebo and having the HOA vote on it, twice. They voted "no" both times, obviously. I understand what HOA's are for but I just don't understand why I can't have the stupid gazebo. It's not against building code, my patio backs up to a privacy fence so no one can see it, it's not ugly, I seriously doubt my neighbors have complained...whatever. Next time I buy a home, I'll pay more attention to the HOA contract. Thanks for all your replies.
So it meets building codes. No neighbor complained. It is attractive to look at. You can't see it from anywhere but inside your property fence. So there must have been some one peeking over your fence to see this gazebo. You should catch this peeping tom and call the cops to say you are getting dressed and this creep is always peaking over your wall/fence and in your windows. That will put a stop to this communist HOA who has no purpose in life except to play the keystone cop.
I say this because it is a true story. Difference circumstances but different story of an HOA pig walking the neighborhood, walking on private property and looking into peoples back yards to make sure they plant the proper color flowers. In that deal, the trespassing HOA azzhole was fined very heavy as well as the communist HOA that told him to spy on neighbors in their private property.
So it meets building codes. No neighbor complained. It is attractive to look at. You can't see it from anywhere but inside your property fence. So there must have been some one peeking over your fence to see this gazebo. You should catch this peeping tom and call the cops to say you are getting dressed and this creep is always peaking over your wall/fence and in your windows. That will put a stop to this communist HOA who has no purpose in life except to play the keystone cop.
I say this because it is a true story. Difference circumstances but different story of an HOA pig walking the neighborhood, walking on private property and looking into peoples back yards to make sure they plant the proper color flowers. In that deal, the trespassing HOA azzhole was fined very heavy as well as the communist HOA that told him to spy on neighbors in their private property.
Just so I know where you stand...you are aganist HOA's...right?
I just bought a house with an HOA. The rules are very minimal. They really only cover structures (as in building additions) and tree removal. The only specific items mentioned that isn't structural and trees is "no motorcylce rallies or motorcycle conventions".
Expect that list to grow over time as more and more things become "offensive" to your neighbors.
I can't for the life of me figure out why anybody would buy a property with an HOA attached. It's like voluntarily signing away the rights to your own property!
To the OP: You bought the property knowing there was an HOA. Live by it or move. It's that simple.
To the OP: You bought the property knowing there was an HOA. Live by it or move. It's that simple.
Honestly this pretty much says it all. I realize things seem unfair, but when you choose to buy a house in an HOA you make the choice and you must realize that rules and regs will change with time or as needed. Is it really worth the legal fees you might accrue to keep the gazebo up?
Most people can't and won't appreciate an HOA until you have a neighbor that moves in and decides to park an RV on their lawn or keep a rusty car up on blocks for a year or two. Sure, its none of my business, but it looks trashy and it does have an impact on property values no matter what people say.
I don't live in and HOA and I'm not sure I ever would, but I do think they have their place.
Stories like this are why I refused to buy anywhere with an HOA. I prefer the more rural, "lived in", community over a cookie cutter place with people walking around with rulers checking the length of your lawn.
Yes, that was a gross simplification but I've seen stories like this too many times to risk it.
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