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Old 10-29-2010, 11:48 PM
 
Location: Holly Springs
3,861 posts, read 9,274,718 times
Reputation: 2995

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can you post pics of the discharge points and greenway area?
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Old 10-30-2010, 06:30 AM
 
Location: Oxxford Hunt, Cary NC
4,188 posts, read 9,813,507 times
Reputation: 3821
I'm wondering why the french drain had be be installed if 95% of the water was already being handled by the drainage provided by the builder.
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Old 10-30-2010, 07:46 AM
 
2,741 posts, read 3,162,686 times
Reputation: 2925
Quote:
Originally Posted by North_Raleigh_Guy View Post
The tone of your email sounds arguementative. Not really the best approach when trying to find a solution. Why does everyone get all "official" and "legal" sounding when writing their HOA? Remember, when you contact your HOA Board you are talking to your neighbors.
No, your neighbors are wearing the mask of the HOA corporation. They are not your neighbors but rather the HOA corporation.

Also frequently, a management company is involved and the management companies thrive on accusations of "noncompliance" and stirring up litigation. The management company worms its way into being the interface - trying to ensure that it is the only interface - between the board and the homeowners. Needless to say, when there is a goal of provoking a dispute there isn't a better place to be.

Sounds like there isn't actually a specified need for "maintenance, repair, or replacement" caused by your drain. If other homeowners drain in a similar fashion, then one can argue that the HOA is acting in an arbitrary, capricious, or discriminatory manner - but there you have it. The purpose of the HOA corporation is to facilitate litigation against homeowners which is provoked by the HOA board and the HOA manager and HOA attorney.

If you think it is possible that you are being discriminated against based on race or color, religion, sex, national origin, familial status, or disability you may have a cause of action under the Fair Housing Act. HOAs have lost numerous such discrimination lawsuits across the country (there is a trade group of attorneys and management companies that represent the HOAs in these practices). The HOAs have been forced to pay significant judgments to the homeowners and/or to have to pay large fines to state and governmental anti-discrimination agencies.
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Old 10-30-2010, 08:16 AM
 
9,198 posts, read 21,159,778 times
Reputation: 8516
Quote:
Originally Posted by IC_deLight View Post
No, your neighbors are wearing the mask of the HOA corporation. They are not your neighbors but rather the HOA corporation. Also frequently, a management company is involved and the management companies thrive on accusations of "noncompliance" and stirring up litigation. The management company worms its way into being the interface - trying to ensure that it is the only interface - between the board and the homeowners. Needless to say, when there is a goal of provoking a dispute there isn't a better place to be.
I couldn't disagree with this sentiment more vehemently. The Walt Kelly quote "We have met the enemy and he is us" never seemed more apt.

I notice this poster likes to frequent various location forums on C-D and post HOA-bashing comments whenever he can. I get that he doesn't like them, but his generic "one size fits none" approach to the issue really doesn't help the OP with a very local issue involving a particular HOA and a particular town. If you want to debate HOAs, go to the Politics forum.
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Old 10-30-2010, 11:22 AM
 
569 posts, read 1,730,318 times
Reputation: 544
Quote:
After our rejection on this HOA's remanding, HOA is checking with Town of Cary and the builder to ask them to repair the eroded greenway.
I am normally very anti HOA, but in this case with just the sketchy details, it sounds like you might possibly be in the wrong. It doesn't seem acceptable to modify drainage on your property such that it causes erosion to an adjacent property.
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Old 10-30-2010, 12:18 PM
 
Location: Midtown Raleigh
1,074 posts, read 2,822,314 times
Reputation: 950
Quote:
Originally Posted by IC_deLight View Post
the management companies thrive on accusations of "noncompliance" and stirring up litigation.
Post some evidence to back that up. The management company gets paid the same, whether there are 0 violations or 150. Fewer violations = less work, less contention, fewer people like you bashing HOAs in principle because they don't get it, and more time to focus on the positive.

Quote:
Originally Posted by IC_deLight View Post
The management company worms its way into being the interface
Management companies are contracted and paid to perform the business functions of the HOA, including being a liaison. Why? Because we enjoy it? Because we want to "worm" our way into your neighborhood drama? No, because the people on the board are unpaid volunteers trying to improve their neighborhoods. But it's extremely hard to do all the tasks they need to do when they are being harassed by the 1 to 2% of the neighbors who (in every neighborhood) hate the HOA no matter what.

Wait... what did I say? Neighbors harassing the HOA? But isn't the typical story on the news or in the mouths of neighbors that the poor homeowners are being picked on by the HOA? Well, that happens too, but MUCH more likely than you, a neighbor, being harassed by your HOA is that a board member on any HOA board, no matter his/ her intentions or good work will be harassed by at least one resident.

Usually, this is the person in the neighborhood who didn't read the covenants or just doesn't agree with them or believe in the concept and did something against them. Let's say he painted his house an unapproved color. So, before the paint is dry, several things start to happen:

1) The neighbors who see the guys out painting the house start calling board members, architectural committee members, and the management company to ask, "Wait... was that approved?" They say things like:
a) "It's too bright/ ugly/ gaudy!"
b) "I had to get approval... why didn't they?"
c) "Who are you idiots who approved this anyway?!"

Then the management company looks and sees that the person never did apply. The board directs that a letter reminding them of the rules they agreed to at purchase. Before the envelope hits the recycling bin, several more things start to happen:
a) The homeowner with the violation goes to neighbors, message boards, TV newscasters, etc. to say, "MY HOA IS PICKING ON ME!"
b) The homeowner and his new gang of supporters starts calling the board, management company, and architectural review committee to claim harassment based on the color of his house, his skin, his type of car, a party the board president didn't get invited to 10 years before, or any number of other things that didn't factor into the letter at all.
c) Board members and architectural committee members either:
i) attempt to explain that arc rules are there to protect the neighborhood, were created before any homes were built in the neighborhood, and you agreed to them at purchase (with the option to purchase in another HOA if you thought they were too strict or not purchase in an HOA at all if you disagreed with the restrictions in concept)
ii) ask the management company to do this, seeing as how the management company is paid and the poor volunteers being hounded are not

Either way, the group is unhappy, the news may get involved, and it seems that half the neighborhood feels one way and the other half feels the exact opposite. It's exhausting for them, and when they have to make that decision of what to do, they turn to the legal documents. That's the right decision, because everyone had notice of the documents before purchase and in many cases, the board doesn't have the right to go against them even they want to.

There's a lot going on in the background with your HOA, and believe me, they're not sitting around plotting evilly to ruin your life/ day/ home.

To anyone who has an issue with your HOA, I say to fist read your documents, then go to the board with an open mind asking, "What can we do to work this out?" Putting it that way will help the process and cause a lot more than the usual, "WHAT DO YOU #($*#* THINK YOU ARE DOING, YOU'D BETTER DO WHAT I SAY OR ELSE ______").

To all who don't have a problem with your HOA, or don't even have an HOA at all, but are fighting on behalf of your neighbor: Please realize you don't have the full story. Often, you're making the problem harder to solve rather than easier, despite your good intentions.
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Old 10-30-2010, 01:13 PM
 
Location: Holly Springs
3,861 posts, read 9,274,718 times
Reputation: 2995
Without pics I can only guess at a solution, but here it is. Find the ends of the drains while still on the verge of your property, dig a dry well about 3' deep and wide for each discharge point, fill with gravel, and have them discharge into that. Problem should be solved.
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Old 10-30-2010, 03:10 PM
 
Location: Morrisville, NC
7,694 posts, read 10,070,309 times
Reputation: 6909
Like I said before. You really need to get all the parties out to look. Shooting terse email back and forth is not going to get this problem solved.
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Old 10-30-2010, 03:50 PM
 
29 posts, read 26,728 times
Reputation: 20
Quote:
Originally Posted by North_Raleigh_Guy View Post
The tone of your email sounds arguementative. Not really the best approach when trying to find a solution. Why does everyone get all "official" and "legal" sounding when writing their HOA? Remember, when you contact your HOA Board you are talking to your neighbors.
What I did find odd is the HOA quickly getting to the point of repairing a possible issue themselves and then back charging the homeowner. Usually the homeowner is asked to fix it first and then if they refuse multiple times the HOA will hire someone to do it and back charge the homeowner. I would be a very unhapy home owner if my HOA just had some company come in charging who knows how much for something I could have done myself or gotten some else to do for much less and then charged me the higher rate.

It almost appears that there was much more communication between the homeowner and the HOA than the OP has informed us of. I wonder if there has been previous communication and the OP has refused to address the situation for some extended period of time and now the HOA is at the point of having to resolve it themselves?

Last edited by Green Irish Eyes; 10-30-2010 at 07:31 PM.. Reason: Please discuss the topic, not each other, Bob.
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Old 10-30-2010, 06:26 PM
 
3 posts, read 7,398 times
Reputation: 10
The HOA will fine us up to $100/day if we don't do what they demanded by 11/17. Can we file a complaint to the state of attorney general office?
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