Disbanded HOA; now someone is suing...

I live in a neighborhood that had an active HOA about 10 years ago, but in the last ten years, there have been no activities with the HOA. There are violations of the covenants EVERYWHERE, and now, my new neighbors, who are in the process of building a house, have been served with a civil lawsuit from the neighbors across the street. The neighbors who are building have gotten a permit from our parish (we live in LA) to live in their shed while they build. I see no problem with this; we live in an area that was hit hard by the Gulf Oil spill, and these people are doing their best to build their home as quickly as possible.

Do the neighbors across the street have any legal reasons for suing? It seems their only reason is that "they don't like it."

I'm just curious, because I would like to see the new neighbors in their home as soon as possible, and all the "suing neighbors" are doing is slowing down the progress of the new home.

Thanks for your input.

Thank you so much for your reply.

What about all of the other violations? Do we ignore those? Can HOA's be selective about whom they sue and whom they do not sue?

Personally, I have a problem with a structure that a neighbor behind me put up two years ago, but the Association (that is completely inactive) did nothing about that. Now, these people are being sued. (Keep in mind that the offending structure that also violates the covenants is right behind them).

I feel like these people are being picked on by neighbors who have too much time on their hands and the money to be bullies. It's as if these people are saying, "We like THEM, so they can violate the covenants, but we don't like YOU, so we're taking you to court."

How do we go about making this "fair"?

You stated that the Association was inactive. Therefore, the question becomes who is "we"?

As was stated earlier, you an individual homeowner could file legal action against each and every neighbor to comply with the covenants if the Association is not performing their function.


Association's may not be selective when they enforce the covenants. However, you may be. That is, if you want to take the time and expense to file legal action in civil court.


The best way to make it "fair" would be to become involved in the Association.

If there are annual meetings, then volunteer or run for a position on the Board.

If there are no annual meetings, then call one. Solicit signatures from neighbors to call a special meeting of the membership for the purpose of electing a Board of directors. Get a slate of volunteers together and follow the guidelines in your governing documents.

An Association typically becomes inactive due to apathy of the membership. Apathy causes the members to not become involved. This allows those that what to be involved to run everything. If no-one wants to be involved I expect that you get a development similar to the one you are living in now. That is, until someone or a group of members decide that they want to become involved again.

Tim

Sounds like your HOA needs to get organized to give the residents a voice. We were running into similar problems and created a website with http://hoasitedesign.com for next to nothing a month compared to our other costs. Our new HOA website has helped get our community talking and planning againg, things are slowly starting to turn around--thankfully.

Sounds like your HOA needs to get organized to give the residents a voice. We were running into similar problems and created a website with http://hoasitedesign.com for next to nothing a month compared to our other costs. Our new HOA website has helped get our community talking and planning againg, things are slowly starting to turn around--thankfully.

Regardless of what the parish code allows, the CCRs can be more restrictive. If they say a resident cannot live in a temporary structure then they cannot, regardless of what the parish says! BTW, a parish in LA is the same as a county in any other state.

I don't know that the HOA needs to get involved in the court case. Since the HOA has been inactive for 10 years, any member should have a right to enforce the covenants. This is not unusual at all, but rather is the norm when there is no HOA and the properties have deed restrictions.

Richard,

I would hate to see a judge rule as you suggest. For one thing I don't think a judge should deem that the property owners would be avidly looking for violations as an HOA would be doing. This is not selective enforcement, at least not in my opinion, as it is not the resp. of the property owners to enforce the covenants; even though they do have a right to do so.

If you want to go to the authorities and complain that your neighbors are living in their shed is one thing, filing a suit is quite another. Are you all attorneys desperate for work.

Someone please show me where the poster posted anything that said "living in your shed was against the CCR's". Exactly what covenant was violated?

The facts as presented by the poster are that the HOA was disbanded and the neighbor did the responsible thing in obtaining a permit from the local parish (county).

My point was as you said "It seems their only reason is that "they don't like it.", has nothing to do with enforcing the covenants. If everyone reads the posters second post it refers to a problem with the structure, not about living in the structure.

And the comment "I feel like these people are being picked on by neighbors who have too much time on their hands and the money to be bullies.It's as if these people are saying, "We like THEM, so they can violate the covenants, but we don't like YOU, so we're taking you to court." isn't about selective enforcement?