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MichaelK11 (Texas)
Posts: 432
Posted:
Told to me by a woman in the seat next to mine on a recent flight:

She and her husband lived in a somewhat large community in my state that included about ten homes backing up to a lake. These ten homes (including hers) had back yards sinking into the lake and needed retaining walls to preserve their property. The HOA required that for any homeowner to make this necessary improvement, all ten homes must commit to build the same wall (structure/look) and this had to be a wall that cost about $5000 for each home (at the homeowner's expense). Not everyone could afford this, and in the meantime their properties continued to deteriorate.

Eventually this family moved away. Afterwards, the HOA agreed to allow each home to build their own wall without waiting for the others, and also allowed a wall style that cost only $1500. Apparently, the restrictions were due to a contentious relationship between this woman and the HOA President.

That's all I know about it.
GlenL (Ohio)
Posts: 5,491
Posted:
And your point is?????? This may or may not be factual (I'm sure it was from the woman's point of view) but even if it is 100% true unless they violated the CC&R's or State law, the BOD did noting improper that I see. They tried to do it one way, when that didn't work they tried another. For all we know the second attempt might have violated the CC&R's while the first one was allowed.

Studies show that 5 out of 4 people have problems with fractions
MichaelK11 (Texas)
Posts: 432
Posted:
And your point is??????

I made it clear that I don't have any verification. What is your basis for inferring otherwise? Please quote what you see in my post that you don't like. You don't like stories? Then don't read them.

There are many things any Board can do that are technically legal but stupid, purely mean-spirited and improper. I believe such behavior is common in HOA's (although I believe it is far from ubiquitous).

The fact that a Board is elected does not make it proper to hold back improvements necessary to stabilize a property and uphold values, just because the President and a particular homeowner don't get along, or because the homeowners impacted are a small minority of the Membership.

That's the story. Is that what really happened? Of course we don't know. She's some woman I sat next to on an airplane. I don't remember her name, I don't even know which HOA this is supposed to be, and I have no incentive to find out if such a place exists in the township she mentioned. It's a story.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Assuming the lake to actually be a man-made retention pond;

As per standard Riparian Law ... the owner of the man-made water feature MUST restore the damage done to any individual property negatively impacted.

The lake 'should' have been designed and built so that the banks are graded to the 'angle of repose' for the existing soil condition(s). Since this would require much more land a sea/retention wall should have been constructed. Since this would have cost $$$ the developer turned over a water feature which was KNOWN IN ADVANCE to be second rate to the HOA, which, in it's ignorance, accepted it. NOW IT'S TIME TO PASS THE BUCK. (pun intended)

Failure to do this properly is the OWNER'S (the HOA'S) problem, not the affected private property owner(s) ... even though they will be proportionatly responsible for their share of the assessment required to build the required sea-wall.

Ain't the law a b.t.h?

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