DonW (Tennessee)
Posts: 1
Posts: 1
Posted:
Sunday, September 12, 2010 1:06 PM
From: [email protected]
To: [email protected]
Subject: small group going against voted issues rejected.
Size: 8 KB
I live in a small subdivision started in 2005 with 35 lots and an HOA. We are
registered with the state as a non-profit corporation and current on our
paperwork. There are currrently 23 homes (including 3 just about completed) and
17 of these have been custom built. We do not have a swimmin pool, playground,
picnic table or anything else that is common area except for the front
landscaped entrance on the 2 lots fronting the main road into the SD on the Left
and Right as you drive into the SD.
One of the 35 lots is excluded from the HOA and SD policies, restrictions,
covenants, restrictions and easemnts as recorded for the SD. This lot is where
the personal residence of the deveolper is. It does not meet the restrcitions
and covenenats and is so exempted from them and the HOA in the documents.
Additionally, there are still 5 lots ( not sold) owned by the developer. These
lots are not subject to the HOA until the developer sells them.
For 2 years the association paid to have these 5 lots mowed as the then
President and developer are close friends. The third year the new President
took legal recorded documents pertaining to easements including (water) flowage
and had a meeting with the developer. He told the developer that he was
responsible for mowing property he still owned. He advised the President he
was unhappy with the HOA decision and he could let the lots grow up and not mow
them. (This was sillly as this would make the lots unattractive to sell. ) The
5 remaining lots are not very desirable building lots.
The developer is now reluctantly mowing these 5 unsold lots but insists that the
steepness of 2 of these lots over where 2 differnet water drainage are require
the HOA to manitain the mowing of these parts of the lots. He states that the
covenants state the HOA must maintain drainage easements. I have an opinion
from an attorney that addressess this issue that it means the HOA must keep them
where water will flow through them and it has nothing to do with mowing above or
around these easements.
We also have a small group of people who are not either knowledgeable about what
restrictions, easements and deeds really do and what each are for. We also
have a few lot owners that want what the developer wants us to do or what they
want themselves regardless of whether the HOA is really responsible or has voted
in a meeting to not spend funds for certain things.
We have about 5-6 lot owners that wanted water to the above 2 lots and they even
had water lines extended to the end of one lot. They tell us that they are
paying the bill and it is noon of their business. They will not even tell us
what name the water is in. Additionally, this group piurchased some rose bushes
and planted them after we voted this down. The front entrance is already
crowded with overgrown shrubs now and this groups insists every square inch must
be full. They also want to put in flowers which have to be watered but this was
also voted down. If someone outside their group wants to do something they
raise a stint.
Also; we voted to have a certain landscaping firm weed and mulch the front. The
new corrupt President went against the vote and hired .
For instance at our previous meeting the HOA voted against having water for the
front 2 lots (still owned by the developer)which has landscaping for which we
are responsilbe to maintain. It was decided we should use drought tolerant
plants but we did not any more plants/shrubery at that time. The developer
called these ares and the SD sign "common areas" in the restrctions and HOA
By-Laws but he did not have them itentified on the recorded plat. He would just
say I can designate areas as being common at his discretion. We called his
bluff by having a real estate attorney write an opinion that he either had to
deed this property to us or give us an easement in order to enforce this on the
HOA. The deveolper had a 40' wide strip on both lots surveyed and had a plat
and an easement recorded to accomplish this. These easements run along the main
road in front of the SD on either side. Once the developer sells these lots the
new owner will own the landscaping, but the HOA will still have an easement to
maintain these areas. This is not an ideal situation for the HOA.
Since we have a small group of lot owners doing things against the wishes of
items voted on; the HOA is disfunctional. Do we have the right to dissolve the
HOA or make it voluntary since they are not abidding by the HOA rules?
I would also like your opinion/advise on the other issues above.
Thank you.
Don
From: [email protected]
To: [email protected]
Subject: small group going against voted issues rejected.
Size: 8 KB
I live in a small subdivision started in 2005 with 35 lots and an HOA. We are
registered with the state as a non-profit corporation and current on our
paperwork. There are currrently 23 homes (including 3 just about completed) and
17 of these have been custom built. We do not have a swimmin pool, playground,
picnic table or anything else that is common area except for the front
landscaped entrance on the 2 lots fronting the main road into the SD on the Left
and Right as you drive into the SD.
One of the 35 lots is excluded from the HOA and SD policies, restrictions,
covenants, restrictions and easemnts as recorded for the SD. This lot is where
the personal residence of the deveolper is. It does not meet the restrcitions
and covenenats and is so exempted from them and the HOA in the documents.
Additionally, there are still 5 lots ( not sold) owned by the developer. These
lots are not subject to the HOA until the developer sells them.
For 2 years the association paid to have these 5 lots mowed as the then
President and developer are close friends. The third year the new President
took legal recorded documents pertaining to easements including (water) flowage
and had a meeting with the developer. He told the developer that he was
responsible for mowing property he still owned. He advised the President he
was unhappy with the HOA decision and he could let the lots grow up and not mow
them. (This was sillly as this would make the lots unattractive to sell. ) The
5 remaining lots are not very desirable building lots.
The developer is now reluctantly mowing these 5 unsold lots but insists that the
steepness of 2 of these lots over where 2 differnet water drainage are require
the HOA to manitain the mowing of these parts of the lots. He states that the
covenants state the HOA must maintain drainage easements. I have an opinion
from an attorney that addressess this issue that it means the HOA must keep them
where water will flow through them and it has nothing to do with mowing above or
around these easements.
We also have a small group of people who are not either knowledgeable about what
restrictions, easements and deeds really do and what each are for. We also
have a few lot owners that want what the developer wants us to do or what they
want themselves regardless of whether the HOA is really responsible or has voted
in a meeting to not spend funds for certain things.
We have about 5-6 lot owners that wanted water to the above 2 lots and they even
had water lines extended to the end of one lot. They tell us that they are
paying the bill and it is noon of their business. They will not even tell us
what name the water is in. Additionally, this group piurchased some rose bushes
and planted them after we voted this down. The front entrance is already
crowded with overgrown shrubs now and this groups insists every square inch must
be full. They also want to put in flowers which have to be watered but this was
also voted down. If someone outside their group wants to do something they
raise a stint.
Also; we voted to have a certain landscaping firm weed and mulch the front. The
new corrupt President went against the vote and hired .
For instance at our previous meeting the HOA voted against having water for the
front 2 lots (still owned by the developer)which has landscaping for which we
are responsilbe to maintain. It was decided we should use drought tolerant
plants but we did not any more plants/shrubery at that time. The developer
called these ares and the SD sign "common areas" in the restrctions and HOA
By-Laws but he did not have them itentified on the recorded plat. He would just
say I can designate areas as being common at his discretion. We called his
bluff by having a real estate attorney write an opinion that he either had to
deed this property to us or give us an easement in order to enforce this on the
HOA. The deveolper had a 40' wide strip on both lots surveyed and had a plat
and an easement recorded to accomplish this. These easements run along the main
road in front of the SD on either side. Once the developer sells these lots the
new owner will own the landscaping, but the HOA will still have an easement to
maintain these areas. This is not an ideal situation for the HOA.
Since we have a small group of lot owners doing things against the wishes of
items voted on; the HOA is disfunctional. Do we have the right to dissolve the
HOA or make it voluntary since they are not abidding by the HOA rules?
I would also like your opinion/advise on the other issues above.
Thank you.
Don