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Old 02-24-2021, 03:59 PM
 
Location: Raleigh, NC
19,357 posts, read 27,557,732 times
Reputation: 35932

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Quote:
Originally Posted by Mogwoi View Post
We are looking at relocating to Charlotte area and love the concept of the Courtyards by Epcon. We have been looking at one in an established community in Huntersville and another one in Wesley Chapel. The issue is that we are looking for a walkout basement home, which they have but will not allow you to fence in any part of the yard. The HOA's are trying to say that if you have a walkout basement your upstairs deck is now considered your courtyard. That does not make sense at all. So if you buy a one story with a courtyard you can fence that in for privacy, but if you want a basement you cannot have a fence. We have two dogs that we do not want to put on a leash every time they have to pee. We do not intend to leave our dogs out to live in the fenced yard or to stay unsupervised, we just want somewhere they can potty. They do allow dogs in their communities, but not allowing a walkout basement home to have a private fenced area seems unreasonable. Anybody else with this experience? If so did you fight to get a fence and did you win?
You buy the house,, you buy the HOA rules. Whether you think them reasonable or not is irrelevant. That's the deal. You won't win any fight.

Your choices are simple: Buy a house with a basement and have no fence. Have a house with a fence but no basement. Or find another community.

Sorry to be harsh. By choice,, I've lived in HOA communities for 35+ years in all 4 of my homes. I don't agree with ALL the rules and restrictions; but I accepted them when I signed at the closing table.
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Old 02-24-2021, 04:52 PM
 
Location: Columbia SC
14,183 posts, read 14,535,648 times
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Quote:
Originally Posted by Jkgourmet View Post
You buy the house,, you buy the HOA rules. Whether you think them reasonable or not is irrelevant. That's the deal. You won't win any fight.

Your choices are simple: Buy a house with a basement and have no fence. Have a house with a fence but no basement. Or find another community.

Sorry to be harsh. By choice,, I've lived in HOA communities for 35+ years in all 4 of my homes. I don't agree with ALL the rules and restrictions; but I accepted them when I signed at the closing table.
Typically once an association is built out, the developer/declarant turns control over to the owners. Kind of like the inmates running the asylum. That said, in an Epcon community does Epcon back out and turn the association over to the owners?
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Old 02-25-2021, 10:04 PM
 
Location: Raleigh, NC
19,357 posts, read 27,557,732 times
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Quote:
Originally Posted by johngolf View Post
Typically once an association is built out, the developer/declarant turns control over to the owners. Kind of like the inmates running the asylum. That said, in an Epcon community does Epcon back out and turn the association over to the owners?
In my experience, yes, that is what happens; however, it's irrelevant. The by-laws (aka CC&R's) document what is allowed, not allowed and the penalties.

(But I don't agree AT ALL with you "inmates running the asylum" remark. )
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Old 02-25-2021, 10:23 PM
 
Location: Oak Bowery
2,871 posts, read 2,031,560 times
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Quote:
Originally Posted by Jkgourmet View Post
In my experience, yes, that is what happens; however, it's irrelevant. The by-laws (aka CC&R's) document what is allowed, not allowed and the penalties.

(But I don't agree AT ALL with you "inmates running the asylum" remark. )
Those can’t be changed via the voting mechanism? No dog in this fight, just curious!
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Old 02-26-2021, 08:37 AM
 
11,409 posts, read 7,719,851 times
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Quote:
Originally Posted by k7baixo View Post
Those can’t be changed via the voting mechanism? No dog in this fight, just curious!
Of course they can. We’ve changed a couple things in our CC&Rs in the 10+ years we’ve lived in our townhouse. In our case it takes 67% of owners voting yes for changes to be made.
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Old 02-26-2021, 09:01 AM
 
Location: Oak Bowery
2,871 posts, read 2,031,560 times
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Quote:
Originally Posted by UNC4Me View Post
Of course they can. We’ve changed a couple things in our CC&Rs in the 10+ years we’ve lived in our townhouse. In our case it takes 67% of owners voting yes for changes to be made.
Thank you. Most CC&R are reasonable and I suspect it’s the level of enforcement that ticks most people off. I’ve only had one opportunity to deal with them and it was over a ham radio antenna. The FCC says that they can’t be restricted yet, there we were with a small issue.

In my case, I went before the board, explained the law, the issue and what I was willing to do to accommodate my side...and theirs. All calm, all reasonable, all “adult-like”. We agreed on a reasonable compromise and I left with an understanding that this rule would not be strictly enforced as long as I didn’t cause issues with my neighbors tv and telephone reception. Since I operated “QRP” (low, low power, less power than your average night light!), there was zero chance of that and my antenna was quite unobtrusive. Had I been operating at higher powers with larger antenna, it wouldn’t have been so easy. A different approach might have been required.

Having said that, don’t buy into the HOA primed for a fight! Go into it with a spirit of cooperation.
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Old 02-28-2021, 05:49 PM
 
Location: Columbia SC
14,183 posts, read 14,535,648 times
Reputation: 21989
The more I read about Epcon, the more I believe it is not one big homogenous deal. I think each development has to be looked at in the respect of OK, once building is done what happens? Who is in control? In some cases it may not be the owners who are in total control.
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