HOA lawsuit threatened (home, new construction, living)

[IC_deLight]

The "variance" was clearly only an issue because of HOA restrictions not city restrictions. The city has nothing to do with this. This is about HOA busybodies - people that believe in HOAs so long as the HOA corporation is an extension for their own personal preferences to be imposed on everyone else.

Hard to say without seeing the specific restrictive covenants at issue but the granting of these things is often the "sole and absolute discretion" of the architectural committee. The neighbor can whine about failure to abide by restrictive covenants all he wants but the same covenants likely provided for the ability of the architectural committee to grant variances which are binding on other owners such as himself. For comparison the Texas Supreme Court case Pilarcik v. Emmons may shed some light on how this case might be decided depending upon the language of the restrictive covenants regarding the authority of the architectural committee.

[loves2read]

I think the issue of sole discretion might be the underlying justification...for acting like the AAC or Board members don't owe anyone an explanation or consideration...

But the lot was bought by current owners in 2007 so they have known about dimensions/limitation for over 7 years. They got it at lower price per sq ft than others because of size/dimensions...Right side borders common wall and one side of neighborhood's front entry.

The HOA AAC KNEW that was why it required a variance...how significant a variance they asked for and got is the issue I think. Other homes have had them....some are not bad design and don't impinge on the neighbors' homes in negative way...but some are not good idea...
Granting a variance requires some sense of design and judgement as to the positive/negative impact of the 3-D reality. I don't know that these guys have that.

Of course if they really have God-like authority then no matter how bad their choices are, there is nothing to prevent their actions and no recourse afterwards.

[cully]

If legal authorities outside of the HOA are involved in regulating/reprimanding/whatever the HOA, you can be out of luck anyway. There is an ever increasing view by municipalities to leave alone that big area (HOA) that takes care of land, bodies of water, sometimes roads, sometimes security, takes care of keeping people busy and happy with pool and tennis....relieving the muni of those responsibilities and costs. AND YET...those HOA members are still paying the same taxes as those not in an HOA. So...hands off that golden egg.

Unless there's several big thefts or a murder or drugs.

[loves2read]

Our HOA has nothing like some do with community pools and clubhouses and private roads...

Just read today that this plan also has a carport as a feature.
The developer for our neighborhood and several,others over the past 40 decades in Tarrant county would roll,over in his grave (if he were dead vs just in retirement) if he thought anyone would even submit much less get approval for house with carport...
He built upscale home...carport would have gotten thrown out ASAP...

I wonder if the AAC even realized this plan called for a carport-- that wasn't listed on the variance request from what has been reported ...
Of course the HOA has not sent out any info

[cully]

What are your common amenities then that you pay your HOA fee for?

[loves2read]

We have common area at front entrance w landscaping we pay to
Maintain, needs water, had electric lighting. Has sign board fornotices.
We pay for insurance coverage that from what I underdtand is basically liability coverage for the Board not the HOA st large.
They dont use a management co but send out dues notices and do own accounting for fees from builders or people selling homes
Not big budget and dues plus fee have kept us in the black.

[cully]

Seems like a big deal forming a board, having elections, needing liability coverage in order to maintain the entrance.

I know a few places that have as a common spot only their entrance. And no HOA just for that. There's really nothing to manage and meet about, rules are just deed of restrictions, not HOA covenants and bylaws.

A little insurance can be good in case an entrance tree falls but not much else.

I realize you would be landscaping year round and need lots of watering. Still, you'd think those interested enough to be on a board would arrange the entrance work free of charge.

Ones I'm familiar with like that, the neighbors are friendly or at least responsible people and everyone contributes financially and some with physical work. Some entrances have been curtailed but still look neat and trim. I know a high end community who is just now deciding whether to form a HOA and several residents are saying no, don't do it,no need to.

[BigDGeek]

Originally Posted by loves2read

Our HOA has nothing like some do with community pools and clubhouses and private roads...

Just read today that this plan also has a carport as a feature.
The developer for our neighborhood and several,others over the past 40 decades in Tarrant county would roll,over in his grave (if he were dead vs just in retirement) if he thought anyone would even submit much less get approval for house with carport...
He built upscale home...carport would have gotten thrown out ASAP...

I wonder if the AAC even realized this plan called for a carport-- that wasn't listed on the variance request from what has been reported ...
Of course the HOA has not sent out any info

Do you really think high-end homes don't have car ports? What do you think a porte-cochère is? Drive around Lakewood or the Park Cities or Lawther Drive around White Rock lake sometime. Porte-cochères are a pretty common feature.

[loves2read]

The term used was carport--not porte cochere---which I agree is more upscale...and often times an expensive design element...
From my experience trying to design a home a couple of times, porte cocheres usually require a wide frontage to allow for the house plus driveway plus garage...
The lot for this build doesn't seem wide enough...

I haven't seen the plans...not posted on the webpage. So it is possible the neighbor opposing the build knows it is a Porte cochere but chooses to use a more derogatory term hoping to get more homeowners to sympathize/support his position. Of course if there is no drive-through to a rear or side garage then this covered parking is just a carport. Even if it has the same exterior (brick/rock) as rest of front facade that doesn't turn it into a positive design element to me.

I just wonder how many previous plans the lot owner have submitted asking for a variance for the build since they have owned the lot since 07. Just because they want to build THAT oversized house doesn't mean the AAC is obligated to let them.

[Rakin]

Not only HOA's but most cities severely restrict carports.