Common area and owner property

I live in a townhouse. I own the end unit. Which I have 10 feet in the back side and front. I have alot of problems with the other association owners useing my property for there enjoyment. Is there something I can do to stop this. Thanks

Yes I have and it is getting old remining them. I just went though on Sunday with a meeting on putting up a vinyl fence and the vote doesnt look good for me. I cant move I am stuck here. The owners which is 9 familys live here, and the President which lives here runs the place by the by-laws of the association but twist it to her way. And her friend which was President last year helps her. And She was the one that force a large size basketball court next to my home. And that noise really sucks.

It says it is a Common Interest Community No. 87 A Planned Community. For the fence a owner had put one up 3 years ago. Which had to be a vote then to be okayed. Now 3 years later I want to but a fence in which goes on my property line. The fence is longer then his because of the large basketball court. Which makes it different. There really wasn't room for basketball court which I voted against. Now with the fence I want there will be less room there. That is why I feel they dont want my fence. So they can use my property. Thanks

The way the bylaws were before the other owner got his fence said no fenceing.For my fence now because diffent lenght we needed to vote again to have a vote with a paper ballet and put in her ballet box on her front porch. And she well tell me the results. I feel she could just tell me no. The vote well be what ever she wants it to be. There was a letter I have to find it about fences after the other owner did his. Which it has some stuff about fences but nothing in the by laws with the updates. So I think its going to be riged. Thanks

Sigh … I really dislike it when an HOA starts on this path.

If it stated no fencing, how did he get his fence? When HOA members vote on an issue it should be to potentially amend the governing documents, not to vote to allow just one person to violate said documents. The HOA should now potentially amend their documents to allow fencing, if it states otherwise and they are now allowing. They could vote and allow fencing within certain guidelines.

In essence HOA’s are suppose to be all for one and one for all. All dues/assessments and rules should be equally administered to all homeowners. Potentially few exceptions are allowed. An exception might be something such as all homeowners vote and properly amend their CCR’s/By-Laws to potentially disallow something in the future, and generally those who already have said violation are generally “grandfathered” until such time as the new violation does not exist. An example would be no longer allowing those in a condominium to rent units. Current owners who rent can be grandfathered until they sell their unit; however, a new owner would have to abide by the new amended documents.

In your case there is a clause in the documents to not allow fencing; however, they have now allowed fencing for some units. I would recommend that you discuss with your fellow homeowners to allow fencing with guidelines that everyone agrees are beneficial to the HOA. Otherwise, if they do not allow and amend you could possibly consult with an attorney for violation of fiduciary duty or good faith in enforcing the current documents and regulations (which should hopefully be the last resort). In essence if it currently states no fences allowed then any individuals who currently have a fence are in violation of the CCR’s/By-Laws, if they have not been properly amended following your documents and state statutes regarding said amendments.

This past wednesday was voting day for my fence. The ballet box was to be place on her open front porch on the floor untill 7:00 pm. Me and my wife went to put our ballet in and it wasn't there. I had to ring her doorbell she The President of the association came to the door and took our ballet. I said to her the ballet box was suppose to be here till 7:00. I asked what if there was others trying to vote. She said that there was one stuck in her screen door. I look at her said what the voting box was to be here untill 7:00 pm. Here we were having wind and snow and i was thinking to myself some could have blown away. I still haven't got any word on how the vote went. O by the way on of the voters gave his vote today thursday. It was for the fence go figure a day later. And at the meeting he said yes to my fence. Thanks