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Need Help! Problem Gardening in my own Backyard

July 20, 2012 by PeterGreijn

HOA’s are a legal disaster that Lawyer’s feed on, that is why they exist the way they are written. Enforcement is another thing, at least here there is a third party management company vs. a bunch of Yahoo neighbor’s “BOD”, but regardless the Management Company probably does not understand the laws surround this or how to enforce them. I’ve have read them in state from being in litigation with a BOD over a approved shed and driveway I deviated from and parked trailer that became a power struggle, next one I bought into I became President…Can’t beat em join em…haha!

I believe they quoted an article out of the Declaration or not By-Laws, and it sounds like there was a deviation to the original bought off plan that encroaches on the master drainage plan. Most of these member plans I have seen are approved by a “HOA Design Committee” that has a common landscape plan, not neighbors although part of that process may involve directly affect neighbor’s opinions.

Listen to this advice close, you don’t want to get into litigation with these yahoo’s, although there probably are little funds available for litigation it will drag on and on for all parties involved starting next w/a letter from their attorney, then you will have to hire one to respond and possible go to court. Only one that wins are the attorneys, not the HOA and your house value since that is money that could have been better spent. I’d submit a new plan or go back to the original, create peace, or it’s going to cost.

Other thing you can look at if you want to fight is usually a majority vote overides the BOD check your by-laws. You would have to go door-to-door show pics, explain, etc. I tried that but found alot of people don’t want to get involved too afraid of being picked on.

Good luck!

BiggerPockets Forums

Filed Under: Investing Tagged With: Backyard, Gardening, Help, need, Problem

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