Quote:
Posted By MarkC15 on 10/07/2012 9:21 AM
My HOA is a joke. They will not fine my neighbor for violating the HOA rules--which force each owner to not block the back 10 feet of their property because going through each others property is the ONLY way to access our back yards. I have been dealing with this since March 2012 but our board says they will not put a lien on her home or take away her voting privileges and are not fining her. Doesn't the board have the legal obligation to protect our property value by enforcing the rules?
Mark,
When you posted about this problem on June 22 you asked, "Why is my home owner's association sitting on their asses about my issue?"
Why are you sitting on your ass about your issue? Why are you expecting others to fight a battle that you refuse to fight for yourself?
As I recall the issue is that you have an easement and your neighbor has taken it upon himself to lock the gate to the easement.
If the neighbor refuses to remove the lock, you have the legal right to remove it by any reasonable means from a hacksaw to a D-9 Caterpillar. Or you could take the owner to court and force him to remove whatever impediments stand in the way of your lawful use of the easement.
It's your problem and it's up to you to deal with it.
BTW, in your original post on this issue you wrote, "My association rules and regulations hand books states that ANY LOT OWNER MAY ACCESS THE BACK RIGHT OF WAY on ANY LOT." A handbook carries little to no weight. If there is an easement, it will normally be found either in the deed to your lot and those of your neighbors or it will be found on the recorded plat.