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Old 09-04-2008, 12:12 PM
 
Location: Asheville NC
1 posts, read 24,742 times
Reputation: 15

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My HOA decides to enforce the covenants when it suits them. They actually said that the covenants were a "guide" to go by. This time the covenants actually benefit me as the homeowner because they didn't read them thoroughly and as a result they missed a deadline which deemed my fence request automatically approved.

Can I sue my HOA in small claims for a non-monetary judgment?

I don't know what to do at this point but I do know that I am going to stand my ground and not let them bully me.

Any one out there with guidance, please advise!

Thanks
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Old 09-04-2008, 09:35 PM
 
Location: West, Southwest, East & Northeast
3,446 posts, read 4,733,591 times
Reputation: 850
Quote:
Originally Posted by asheville nc View Post
My HOA decides to enforce the covenants when it suits them. They actually said that the covenants were a "guide" to go by. This time the covenants actually benefit me as the homeowner because they didn't read them thoroughly and as a result they missed a deadline which deemed my fence request automatically approved.

Can I sue my HOA in small claims for a non-monetary judgment?

I don't know what to do at this point but I do know that I am going to stand my ground and not let them bully me.

Any one out there with guidance, please advise!

Thanks
Sure, you can bring a suit against the HOA. I can sue you for posting your message... Seriously, I would only consider bringing suit against the HOA if you have been, or would be, financially damaged by the result of the HOA's Board of Directors' neglect to abide by and/or enforce the declaration they are charged with and responsible for upholding.

In many (most) cases the HOA doesn't have a lot of enforcement power...or at least they shy away from absolute enforcement, e.g. lien on property, etc. Most HOAs do not like dealing with anything controversial that applies to an owner of property. They are usually scared to death of making decisions for one owner that could haunt them later with other owners. And the list goes on...and on. Bottom line is - most HOA Boards are not strong, and the Board members of most HOAs are not even remotely qualified to lead, manage or handle the responsibilities of being Board members of a simple HOA. That said, you will have to access the strength of the Board (from past experiences) and determine how responsible they are and whether you think they act to the fullest against you or if they will turn a blind eye, bury their heads in the sand and hope the problem just goes away.

In the case of your fence where they failed to meet the set deadline for a decision - if it was me and I wanted the fence badly enough I would proceed with it's installation. And if anyone questions you let them know that per the declaration/covenants that your request is deemed automatically approved as a result of the Board missing the decision deadline - thus you will proceed with the installation of the fence. And...in the event the Board tries to stop you from proceeding with the fence let them know you have already incurred expenses and to cease the installation would cost you, thus recovery would be necessary - either "immediately" from the HOA's cash-on-hand account or by way of a lawsuit against the HOA (which they do NOT want). And further, if anyone tries to stop the fence installation or touches your property you will be forced to call law enforcement. (This suggestion is based on the premise that you really want this fence and are [to some degree] not on real good terms with your HOA's Board members.)

If you want it badly enough - back them up against the wall or your new fence.
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Old 09-13-2008, 04:34 PM
 
2 posts, read 25,769 times
Reputation: 19
Quote:
Originally Posted by asheville nc View Post
My HOA decides to enforce the covenants when it suits them. They actually said that the covenants were a "guide" to go by. This time the covenants actually benefit me as the homeowner because they didn't read them thoroughly and as a result they missed a deadline which deemed my fence request automatically approved.

Can I sue my HOA in small claims for a non-monetary judgment?

I don't know what to do at this point but I do know that I am going to stand my ground and not let them bully me.

Any one out there with guidance, please advise!

Thanks
I'm a Western NC attorney and I do a lot of real estate law. The case law around here says that unless the HOA's failure to exercise covenants is egregious they can start any time they want. Incidentally, any of your neighbors who are under the same covenants can sue you themselves for an infraction.

Why don't you people just read your Declaration of Covenants and Restrictions when you look at a property in a development? I know they are given to prospective buyers either prior to or at the time of signing a purchase agreement. When you sign your deed you are taking on those restrictions. There are invariably people (with too much time on their hands) who buy in restricted developments and then spend a lot of time, and money, seeing how many restrictions they can break.
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Old 09-13-2008, 08:39 PM
 
16,310 posts, read 14,774,445 times
Reputation: 7988
Quote:
Originally Posted by Jurisdoc View Post
Incidentally, any of your neighbors who are under the same covenants can sue you themselves for an infraction.
These is not the freedoms that this country was founded on.

In addition to the 'covenants' or the "mother may I list' people enter into blindly, they should also be informed in detail about the legal aspects that can turn neighbors into vigilantes, apparently with the courts on their side?
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Old 11-20-2008, 06:15 PM
 
1 posts, read 24,153 times
Reputation: 12
dear western NC attorney - can you please suggest a good attorney in the Iredell County area.

There are two major issues...the first is I need to get an injunction against my HOA in that they want to try to receive $$ instead of having the developer finish the planned nature trail that has a deeded easement and creates a deed restriction in our CCRs on certain lots. Their intent is to accept money instead of having it finished because the nature trail easement is on 2 board members property and will run through their property when completed. The developer is trying to bond out finally and wants to complete it ASAP, it was started 5 years ago and does run through portions of the properties, but no entrance or exit is available. Is it legal that they can accept money instead of having it finished without consent of the community? I know it's not ethical but our gang doesn't have ethics...my husband is on this board of idiots!! but his 1 vote doesn't go far and in fact they do a lot HOA business without even including him. It's a true circus here.

Should my husband resign to protect us? He was hoping to affect change for the better to stop the illegal and unethical behavior from happening, but it's really not working too well.

I don't want to sound like a crazy lady, I do abide by all the CCRs, 3 members of the board do not (5 members total). They are not enforcing the CCRs for their friends. but fine others. They have allowed fences to be installed completely against the CCRs in this trail easement, it's even recorded on the county map the 50 foot easement, which right now is affecting my property value as I am trying to get out of this crazy neighborhood. People think my property is much smaller by perception because they allowed their friend who's property backs up to mine to have a fence to his property line when the CCRs says it can't be in the rear 50, even says the word FENCE so no inturpretation. I have a 100 total natural buffer with the person behind me...or I did. Now their dog sits at the rear of the property barking away!! I sent a certified letter to our HOA on 10/6 stating that the fence needs to be recetified, today after callling the property manager 3 times for their response, I was told the president said "sue us". Can I sue the president as an individual, as he himself is acting outside of the board?

Last edited by despiseCGHOA; 11-20-2008 at 06:18 PM.. Reason: spelling
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Old 08-10-2012, 07:49 PM
 
1 posts, read 12,473 times
Reputation: 11
Angry Hoa

Ive had an investment in an HOA governed neighborhood since 1989 and now a neighbor next to me has a business running from his residence it is a home repair business that does many things including dry wall roofing etc he uses his garage which faces my home adjacently for his supplies his back yard for junk he brings home from jobs and parks his commercial vehicle very near my property in addition he gets drunk beats his animals and leaves beer cans all around the commercial vehicle is in violation and so is running the business (of which I catch all fumes and dust ) cant open my doors or windows at times . In addition he has too many cars and because he uses the garage for a business he uses my area clutering it with cars I am single older woman who has worked very hard for my property values and chose this residence because I had an HOA which would keep my property values good they have mailed several notices to him of his violations and he refuses to comply they have finally hired a lawyer after years of this going on and now the lawyer tells me that the city is the best route to get this done unfortunetly I have already tried to city with not much help the lawyer tells me the HOA does not have the funds to take this further this is all after years of my working for free gathering pictures details for them and them telling me they can get my rights to me and can remove that truck and stop the business I am so upset that I have to live next to this hearing compressors etc and that after all these yrs at my age have to move out to find peace while the offender gets to do as he pleases and throw all rules out with just one simple non compliance what would you do? can I sue the HOA? how do I get my standard of living back and why is it the law abider mostly seems non important devestated in texas and humiliated too
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Old 08-11-2012, 05:02 AM
 
276 posts, read 163,227 times
Reputation: 212
It's important to remember: What is legal, one may do, with impunity, regardless of motive. If it's legal for example to operate a home business, one may do so. It's also important to remember it's not just the laws or "covenants", but how they are enforced. Some are enforced via fines, injunctions, etc. There is always a legal angle for every situation of course. Go the path of least resistance.
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Old 08-14-2012, 09:11 AM
 
Location: WNC
1,041 posts, read 943,697 times
Reputation: 689
go ahead and sue. maybe it will be the catalyst for the downfall of HOA's....lol. Seriously, why anyone would want to live in an HOA controlled area where they have little control of what they do with their property is beyond me.
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Old 08-17-2012, 10:29 PM
 
Location: Pleasanton, CA
115 posts, read 136,110 times
Reputation: 148
Quote:
Originally Posted by Jurisdoc View Post
I'm a Western NC attorney and I do a lot of real estate law.

Why don't you people just read your Declaration of Covenants and Restrictions when you look at a property in a development? .
You're a lawyer and you don't have basic comprehension. The OP DID read her covenants which is why the OP stated

"This time the covenants actually benefit me as the homeowner because they didn't read them thoroughly and as a result they missed a deadline which deemed my fence request automatically approved."

SMH
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Old 08-19-2012, 05:03 PM
 
16,310 posts, read 14,774,445 times
Reputation: 7988
When you sue your HOA, they will use the dues you have paid to the HOA to defend against you
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