HOA President's Bias

Jana,

There's not enough information provided to allow us to provide an informed opinion.

Is this a request for an architectural change or something else?

Typically, fining is the most common used method to force compliance with covenants that Associations use. However, these are usually preceded by warning letters. If the warning letter is effective, then fining might not take place. Worst case for enforcement would be legal action. However, the Board must enforce the covenants equally. If they do not, they are guilty of selective enforcement and might lose any enforcement that goes to court.

What does your Associations enforcement policy say?

As for the President possibly showing anger over the issue, you need to remember that he/she only has one vote on the issue. I would suggest that anything you send to the Association (or bring to a meeting) you send/deliver copies to all board members. This way, you will be sure that the entire board is aware of your side of the issue.

Tim

A new neighbor moved in and discovered that over 400 sq. ft. of her courtyard area is deeded in my name when she wanted to build a huge screen porch that would encroach on my property. (We live in upscale patio homes that are separate and each has its own enclosed courtyard in the back and one side. All patio home lots are defined by the wall falling on the 0 lot line and a small fence and gate, with the exception of mine. My realtor and builder deceived me and placed my home five feet over from the 0 lot line between my home and hers so that she could have a larger courtyard area. I questioned the placement of my home during the building but was assured by the realty company, the builder, the construction site manager, and an HOA board member that it was correct. A new land survey has revealed they were dishonest. The builder is now bankrupt.)

I requested in writing on the same day as the new neighbor to move my air compressor from the back of my house to the side of my house which is adjacent to her courtyard area to give me more yard space. The property is mine and the move does not interfere with any codes in our covenant. Yet, the president will not bring it to a vote. In the meantime, he has asked the board to approve the neighbor's request to use a front door that goes against the convenant that the rest of us on the street have had to abide by. In addition he is asking for approval of her porch right up to the 0 lot line, which is where the wall of my house should have been and where I need to build a fence to protect my property value.

There are four additional board members. One has sided with the neighbor from the start because she is an older widow. One sides with me. The other two seem to be merely waiting for instructions from the president.

I have consulted an attorney who seems to think that I have a right to use my property as I want as long as it does not violate the architectural guidelines in the covenant, which it does not. (Her front door actually does, yet she got approval.) If I go ahead without approval, the board can issue a fine.

The neighbor is quite wealthy and has a well-known city attorney speaking for her. Need I say more than I am a single school teacher? Where do I go from here?

I have consulted an attorney who seems to think that I have a right to use my property as I want as long as it does not violate the architectural guidelines in the covenant, which it does not. [Jana]

Jana,

all this zoning stuff is well above my pay grade but the above statement by your attorney does trouble me. He seems to think ..? Is there anything in the covenants stating that all air compressors must be placed at the back of the house?