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Old 08-18-2021, 09:55 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,900,601 times
Reputation: 17999

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Quote:
Originally Posted by burbsgrrl View Post
Who besides an attorney would determine that?
Reality check.

You're not going to get anywhere with the HOA, the neighbor, or the city/county.

The restrictions likely give you the option of filing a lawsuit against the neighbor to enforce the restrictions and you aren't going to get anywhere with that unless you hire a lawyer.
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Old 08-18-2021, 10:20 PM
 
131 posts, read 197,653 times
Reputation: 210
Quote:
Originally Posted by adjusterjack View Post
Reality check.

You're not going to get anywhere with the HOA, the neighbor, or the city/county.

The restrictions likely give you the option of filing a lawsuit against the neighbor to enforce the restrictions and you aren't going to get anywhere with that unless you hire a lawyer.
I believe I can, its not a done deal yet. The HOA is consulting an attorney on the matter, no outcome yet. The covenant states that any structure found to be in violation of this must be removed at the expense of the owner. Also, per county ordinance, any found violation must be addressed, or their title gets a violation on it, making it impossible for them to make any further changes to the property (no further permits granted), and it comes up as a title issue if they decide to sell.
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Old 08-18-2021, 10:23 PM
 
131 posts, read 197,653 times
Reputation: 210
Quote:
Originally Posted by Chas863 View Post
You have good reason to be concerned. Who owns the lots that are NOT currently built on? Separate owners or a corporation? Typically, each lot owner gets one vote. It matters not whether the lots are built on or vacant as to the voting.

I think you need to privately talk with some of the existing home owners and get their opinion on the subject. Make it known to them that allowing one blatant violation to the CCR's endangers ALL the rest of the rules too, and along with that it endangers the value of their property investment. Surely they must want to live in a CCR community or they wouldn't have bought there in the first place.

My guess is that the current owners just aren't aware of the danger in letting others get by with violations. One violation leads to more, and the more there are, the harder it is to stop even more violations. Your job is to educate them... in a polite way of course. If you're unable to do so, then the CCR's aren't worth the paper they're written on.
Thanks Chas, this is the way I'm thinking too. The empty lots are privately owned.
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Old 08-19-2021, 06:56 AM
 
2,446 posts, read 1,067,436 times
Reputation: 2988
I would sell the lot and buy in a different place. Your going to make an enemy of your neighbor and you will live there a long time. It’s not worth having a neighbor who hates you so close. Everything you do they will turn you in for, any noise etc. Be prepared for a nightmare.
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Old 08-19-2021, 07:10 AM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
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Quote:
Originally Posted by Tigger84Ag View Post
I would sell the lot and buy in a different place. Your going to make an enemy of your neighbor and you will live there a long time. It’s not worth having a neighbor who hates you so close. Everything you do they will turn you in for, any noise etc. Be prepared for a nightmare.

Excellent advice.
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Old 08-19-2021, 07:49 AM
 
3,023 posts, read 2,238,477 times
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Quote:
Originally Posted by MikeJaquish View Post
Excellent advice.
"Give up, you're screwed" doesn't seem like excellent advice to me.

This is a sticky situation, to be sure. Have you talked to the neighbor? Do/Did they know that they violated the setback?

On the flip side, it seems like maybe they could get forgiveness in lieu of permission: https://www.gfrlaw.com/what-we-do/in...back-violation
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Old 08-19-2021, 07:59 AM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
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Quote:
Originally Posted by gus2 View Post
"Give up, you're screwed" doesn't seem like excellent advice to me.

This is a sticky situation, to be sure. Have you talked to the neighbor? Do/Did they know that they violated the setback?

On the flip side, it seems like maybe they could get forgiveness in lieu of permission: https://www.gfrlaw.com/what-we-do/in...back-violation

The OP messed up.
Bought the property knowing about the long-standing issue, with full intent of raising Cain about it.
Sounds like OP would be a dream neighbor. Not.
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Old 08-19-2021, 08:08 AM
 
131 posts, read 197,653 times
Reputation: 210
Quote:
Originally Posted by MikeJaquish View Post
The OP messed up.
Bought the property knowing about the long-standing issue, with full intent of raising Cain about it.
Sounds like OP would be a dream neighbor. Not.
Wrong. I bought the lot knowing the house looked closer than it should be, but also knowing that setbacks in neighborhoods change over the course of 25 years. I haven’t had any intention of doing anything about this until the neighbor bitched and raised a stink during my approval process (which went through with flying colors). It is his mistake, he f’d up and now he wants to make my life difficult because he’s a dumb ass? Sorry, not putting up with that crap.
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Old 08-19-2021, 08:11 AM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45632
Quote:
Originally Posted by burbsgrrl View Post
Wrong. I bought the lot knowing the house looked closer than it should be, but also knowing that setbacks in neighborhoods change over the course of 25 years. I haven’t had any intention of doing anything about this until the neighbor bitched and raised a stink during my approval process (which went through with flying colors). It is his mistake, he f’d up and now he wants to make my life difficult because he’s a dumb ass? Sorry, not putting up with that crap.

oooo.
THAT puts it in a different light.
IN-trigue, indeed.

Now, I will be quite curious how it all unfolds. Keep us posted.
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Old 08-19-2021, 08:21 AM
 
860 posts, read 439,209 times
Reputation: 2342
Quote:
Originally Posted by burbsgrrl View Post
Wrong. I bought the lot knowing the house looked closer than it should be, but also knowing that setbacks in neighborhoods change over the course of 25 years. I haven’t had any intention of doing anything about this until the neighbor bitched and raised a stink during my approval process (which went through with flying colors). It is his mistake, he f’d up and now he wants to make my life difficult because he’s a dumb ass? Sorry, not putting up with that crap.
Maybe offer to sell him a few feet of your land so he is in compliance, if he doesn’t want to risk the possibility of removing his room addition. Sorry you’re in a crummy neighbor situation. Seems like he’s just mad someone bought it and might infringe on his privacy. Lesson learned for him: don’t start stuff unless your stuff is in perfect order or you might regret it.

Just be sure you think of all the potential long term consequences before deciding what you will do.
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