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MarilynK2 (Washington)
Posts: 1
Posted:
We have a homeowner who has, in a short amt of time, has constructed a deck, awning, ext. fireplace, partial fence that extend beyond his property line. He did not submit an architectural form. He is aware of the procedure because a few years ago he made an alteration to the building, (moved the location of the front door!), and built a shed without the arch. form. He returned the door to the proper location, but the shed remained. This current construction has happened over this past summer. I personally communicated to him about the arch. form and asked him to stop bldg. This was at the deck portion. He continued with the awning then the fireplace and just flat out ignored me when I told him that he would have to remove these items.
The board is following our violation guidelines, letters then fines, and we have filed a cease and desist order. This homeowner is scheduled for a hearing on November 9th, 2010.
We anticipate getting to the point of removal of these structures. Should we be looking at some sort of enforcement officer there for the demolition crew? Has any HOA got to this point with a homeowner and any advice or comment would be appreciated.

Thanks,
MarilynK2
NameW (Virginia)
Posts: 74
Posted:
I have been there and done that many times. Sometimes the fine route works, but he or she gets a hearing. What is your plan if they win at the hearing? We send them one or two letters, then hire an attorney. We will sue for unauthorized construction in violation of the Covenants, and we will also seek an injunction or penalties for the trespass. Under out Covenants any costs of the lawsuit are added to the assessment of the lot. I have found directing them to that portion of the Covenants in one of the warning letters sometimes gets their attention. Sometimes hiring a lawyer and sending them a new assessment invoice arriving a day or two after the attorney's letter does is needed. Only 2 or 3 of them stuck by their guns and made it to court, where they lost of course.

We saved ourselves a whole lot of headache and paperwork a few years ago by issuing and publishing a blanket resolution allowing homeowners to replace windows and sidings and old sheds with like materials when done for maintenance without getting Architectural approval first. As long as it stays inside their property lines, looks good, and maintains property values, all is well. A brown siding can be replaced with a tan one or even a white one and we don't care. They will however hear from us if they substitute a pink with blue polka dot siding for a brown one as it isn't like on like.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
call your local code compliance office ... they will solve the problem

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