Posted on 04/13/2017 7:07:12 PM PDT by TermLimitsforAll
Alright all knowing FRiends. I have one of those neighbors, you know the ones, that keep their junk in their back yard. Normally I'd be ok with it but I moved to a subdivision with an HOA and guidelines in the bylaws regarding maintenance of the property including the back yard. I'm forced to look at 7 foot tree stumps that they had a stop order on due to cutting them down illegally, commercial stoves from his food truck, chain link fencing just laying around and even a fence he decided to move in about 7 feet from his property line for some reason.
The HOA has been notified of the various violations for months now and to no avail. The violations are still there. I've found out that this particular family pulled the race card, saying we (multiple white neighbors)are only doing this because they're black. Frankly I could give a rats you know what on their race. Keep your flipping property in order and there wouldn't be a problem. It's become apparent that the HOA, which is currently still the builders representative HOA isn't enforcing the bylaws we all sign to when we purchase a home in this particular subdivision.
Is there any legal eagles here that can let me know if there may be some sort of recourse for the affected neighbors either from the HOA, Builder or even the homeowner in question. This kind of thing is destroying our property values and only getting worse.
Anyone want to buy a home in the North Atl Burbs?
After spending a few years on the front lines explaining to homeowners that neighbor business is a civil matter, and my prosecutor was kept plenty busy enough with criminal matters. Of course, I had to validate their upsettedness by listening to their story and commiserating with them...
Having said all that, did I miss the part in your post where you put on your best city slicker smile and took some cookies next door and asked your neighbor about his plans for his yard? Have you told him, in a friendly way of course, what about his yard bothers you? C’mon, you can find a tactful way of doing it the way our parents used to do it: Neighbor to neighbor first. If that doesn’t work, and after kindly explaining what your next steps will be to neighbor, then go to the HOA.
Fences do make great neighbors (I know, you live high and he lives low....) how about some Thuja evergreens? They grow fast and tall.
And yes, I know he’s pissing you off and I’m putting it all on you to fix it....but, like I say, I like the civil (property) cases to fix themselves before they become criminal cases. I am really not sure what a flaming bag of doo-doo on their front porch is considered...but a good lawyer could talk it down to MDOP (malicious Destruction of Property) and then get it thrown out.
Do you yell at kids when they touch your lawn?
Do you really intend to abide by all of the restrictions contained therein?
Remember...in most states, the HOA members are “personally” liable for monetary damages if they are show to be liable for the cause or {not giving you relief} for a dangerous situation.
Use the word “liability” and put the burden on them to take action!!!
Keep in mind that a legal proceeding is going to be a very expensive undertaking and will not likely pay off in the long run unless you can show actual monetary damages. If you aren’t selling the house, for example, then you probably can’t sue the neighbor for any loss in value for your home.
Our board members here in Florida can be held personally liable for up to $5,000.
Another thing you might bring up on your letter...remind them that if something were to happen and they are held liable...the association’s insurance will go sky high on renewal!!!!!
“The owner (which is now the bank) is trying to sell, but no buyers with that bigly lien.”
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In Massachusetts the unpaid fines are passed on to the bank——so no lien.
Only if it is not in an HOA. People who live in them get a little nuts over what other people have in their back yards.
Why is the builder’s rep. still running your HOA? Are many of the homes in your subdivision still owned by the developer and rented out to tenants?
“Keep in mind that a legal proceeding is”
I’m not talking about waiting for something to happen. I’m talking about putting the burden or the liability on them “IF” something were to happen. You won;t spend more than $2 or 3 hundred for the lawyer’s letter, if it even gets that far.
The best course of action might be to have the HOA take possession of the empty condo and rent it to a tenant to generate revenue to pay off the lien.
Once the members open up a “certified” letter, they will start to take action. I have done this before and it’s amazing how fast they move when they know you have documentation that you warned them!!!
“Why is the builder’s rep. still running your HOA?:
In Florida the builder is the HOA board for the first 2 years; then it gets passed to a real homeowner board.
I think in my state the builder cedes control once the majority of the units are sold.
I think most of the unpaid dues are not fines, but rather the monthly dues not paid.
Reading a EULA or not, and my intentions do not remove my responsibility to abide by an agreement I have made.
I serve on several committees in our HOA. It has never been my intention to impose my will on others. We have an level headed and reasonable HOA.
Our biggest problems occur when someone does not know what he has agreed to and therefore feels that it is OK to claim ignorance and violate the CCRs. The other is the one that understands the provisions of the HOA but does not feel it applies to them.
HOAs are not for everyone and that’s OK. For me, I am OK with it. The provisions help preserve the reasons that I moved here.
“my state the builder cedes control once the majority”
It’s pretty much the same here; if the builder sells out in a year, then it goes to the homeowners.
I also mean monthly dues-——we have one foreclosure in our building.
Every six months the unpaid monthly fees are billed to the bank that holds the mortgage, the bank sends us a check,then the bank adds that amount to the outstanding mortgage-——legal fees are involved,of course.
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Yes, I suppose I agree with you.
That sounds like a wise move. Problem might be the bank is not willing to sell at a large loss over the loan amount, is what I heard. Not a real big problem for me as an owner because there are 120 units in this condo association, so percentage wise not a significant factor.
I bought my condo so that I do not have to spend time on maintenance outside. In my calculation, expect 15% waste in a typical condo operation, so that is the price I must pay for convenience and more free time.
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