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I am glad I am not your neighbor. Life is too short too start fighting day one. I actually feel sorry for your neighbor, what if it was done in error. Forcing him to destroy an addition seems pretty cruel. Just my opinion, but glad you don’t live near me. Your starting out the wrong way …going to make your neighbors watch you and don’t be surprised if every violation gets turned in.
Who’s started fighting? I haven’t, I’m merely exploring my private property rights in regard to this persons error. As someone stated earlier, the battle is between him and the HOA and the county. I don’t have any power to make him tear down anything. I do have a right to the same covenants and restrictions that everyone else in the neighborhood benefits from, which have been grossly violated, so I don’t see any harm in asking questions about that can be done.
To be clear, when we figured out how close they were, we said nothing. The HOA discovered it when they reviewed our plans which are required to note existing homes and their setbacks. They called us and said ‘hey is this correct?”. We said well yes the surveyor measured it, not us, so we assume it’s correct. Everything else that’s happened has been from them, not us.
Last edited by burbsgrrl; 08-19-2021 at 12:06 PM..
Or, the addition may have been put on without a building permit. This is not uncommon in many parts of the country. Building permits may be required nearly everywhere, but enforcing that law is often another matter.
And that's one of the reasons I asked if she had gone to the assessors office and accessed the information on that property.
And that's one of the reasons I asked if she had gone to the assessors office and accessed the information on that property.
Yes a permit was issued. No, I have not gone to the assessors office to see the paperwork and its not available online. In my view, this is part of the counties and HOA's job to do at this point, its part of their discovery process and will drive their decision making. And since I'm a six hour drive from there, its not easy for me to do.
The time to investigate this was BEFORE you completed the purchase. You saw what it looked like, even saw a survey. You made the purchase.
Thinking you can make the neighbor tear down part of their house now is ridiculous. It's like me buying a red t-shirt and then complaining that it's red.
The time to investigate this was BEFORE you completed the purchase. You saw what it looked like, even saw a survey. You made the purchase.
Thinking you can make the neighbor tear down part of their house now is ridiculous. It's like me buying a red t-shirt and then complaining that it's red.
As I stated above, I’m merely exploring my private property rights in regard to this persons error. As someone stated earlier, the battle is between him and the HOA and the county. I don’t have any power to make him tear down anything. I do have a right to the same covenants and restrictions that everyone else in the neighborhood benefits from, which have been grossly violated, so I don’t see any harm in asking questions about that can be done.
As I stated above, I’m merely exploring my private property rights in regard to this persons error. As someone stated earlier, the battle is between him and the HOA and the county. I don’t have any power to make him tear down anything. I do have a right to the same covenants and restrictions that everyone else in the neighborhood benefits from, which have been grossly violated, so I don’t see any harm in asking questions about that can be done.
The point is that you KNEW what existed prior to the purchase. Nothing can be done.
As I stated above, I’m merely exploring my private property rights in regard to this persons error. As someone stated earlier, the battle is between him and the HOA and the county. I don’t have any power to make him tear down anything. I do have a right to the same covenants and restrictions that everyone else in the neighborhood benefits from, which have been grossly violated, so I don’t see any harm in asking questions about that can be done.
Nothing wrong with exploring, but you also made an error. You didn’t do your due diligence before buying the property.
The cost to litigate something like this for the HOA is usually prohibitive, based on my experience of being on HOA boards for nearly two decades. Maybe there's a way to get something recorded against the deed but I'm not sure what that would accomplish - it wouldn't change anything as far as the structure is concerned.
This stuff gets by HOAs on a regular basis unless a neighbor reports it. Even then, by the time the HOA reacts it can be "game over".
I'd sell and look for another better lot. Things like this happen for a reason. Consider this situation from two perspectives, 1. the HOA doesn't enforce its own rules and; 2. if the future neighbor is already giving you crap during the approval process, what else can happen?
Third case scenario, plant some trees on that side and hope for the best going forward if you are set on that view.
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