NinaK1 (California)
Posts: 3
Posts: 3
Posted:
Greetings,
Firstly, your response and suggestions are greatly appreciated.
This is my first post on the forum, so please correct me if I am wrong.
I've done some reading on past discussions, but haven't found any solutions.
Here goes:
I recently moved from Canada to So Cal, and am a first time homeowner of a gated property.
About 2 months ago, I received a violation notice regarding a hot water heater vent I had installed on the exterior of my home. I had my first encounter when a board member walked by on his evening stroll and stated "You can't do that. That's real ugly." Of course, I had no idea this was going to cause such a hassle.
The HOA sent me a violation notice stating that I had broken the CC&R, devalue the community, and need to remove the vent ASAP.
Unfortunately, after consulting two licensed plumbers, they had deemed removal of the vent impossible. The original plan of the house was designed with a traditional hot water heater with vertical termination (the vent was built through the roof). I opted for a tankless water heater, which requires a horizontal termination, hence the new vent. I also consulted the opinions of my surrounding neighbors, all of whom reassured me the vent is barely visible.
Now, I had responded to the violation letter by stating the solutions available:
1. Reroute the tankless heater and existing pipes to other wall, punch new vent through other wall. Which will cost about $8000. Essentially, I am still making a modification to the exterior of my home.
2. Reroute the horizontal vent to the other wall, punch a new vent through the other wall. About $6000.
2. Throw away the $3500 I spent on the tankless heater and install another traditional water heater ($800), and go back to high gas bills which add up over time.
3. I offered to either paint the vent the body color of my home, or to plant a shrub in front of it.
I also stated in the letter that when I purchased the home, it was in run-down short sale condition, and through a thorough renovation, the property value has increased more than a single vent can ever offset. I find it unreasonable to require a homeowner to spend thousands of dollars to alter their home to fit the request of a few individuals.
Three days after I sent the letter, I received a final violation notice stating that I failed to respond to the violation notice, and had to appear before the board to explain myself. I then contacted the management company, and was ignored for another 3 days. Until today, they finally replied saying the letter was received after the HOA's morning meeting time, so it won't be accounted for. Also that the violation is not enforced by the board or the management company, but only by the association's rules. They will only respond to me at the meeting in 2 weeks.
What solutions do I have?
Obviously, I don't want to spend thousands on relocating a silly vent that looks similar in size and color of any of the gas meters attached to the homes. But the HOA's ignorance towards homeowners' opinions is infuriating.
I don't think I have enough to constitute a lawsuit. My fees are $250/month, with 1 playground and 1 park, no pool or clubhouse. There are about 100 homes in the community. The management keeps the turf at the park groomed. There has been recent mail theft and package theft, the gate is sometimes faulty. They spent $600k buying trees for the entrance last year. Is there anything I can use in my rebuttal?
Your help is greatly appreciated!
Firstly, your response and suggestions are greatly appreciated.
This is my first post on the forum, so please correct me if I am wrong.
I've done some reading on past discussions, but haven't found any solutions.
Here goes:
I recently moved from Canada to So Cal, and am a first time homeowner of a gated property.
About 2 months ago, I received a violation notice regarding a hot water heater vent I had installed on the exterior of my home. I had my first encounter when a board member walked by on his evening stroll and stated "You can't do that. That's real ugly." Of course, I had no idea this was going to cause such a hassle.
The HOA sent me a violation notice stating that I had broken the CC&R, devalue the community, and need to remove the vent ASAP.
Unfortunately, after consulting two licensed plumbers, they had deemed removal of the vent impossible. The original plan of the house was designed with a traditional hot water heater with vertical termination (the vent was built through the roof). I opted for a tankless water heater, which requires a horizontal termination, hence the new vent. I also consulted the opinions of my surrounding neighbors, all of whom reassured me the vent is barely visible.
Now, I had responded to the violation letter by stating the solutions available:
1. Reroute the tankless heater and existing pipes to other wall, punch new vent through other wall. Which will cost about $8000. Essentially, I am still making a modification to the exterior of my home.
2. Reroute the horizontal vent to the other wall, punch a new vent through the other wall. About $6000.
2. Throw away the $3500 I spent on the tankless heater and install another traditional water heater ($800), and go back to high gas bills which add up over time.
3. I offered to either paint the vent the body color of my home, or to plant a shrub in front of it.
I also stated in the letter that when I purchased the home, it was in run-down short sale condition, and through a thorough renovation, the property value has increased more than a single vent can ever offset. I find it unreasonable to require a homeowner to spend thousands of dollars to alter their home to fit the request of a few individuals.
Three days after I sent the letter, I received a final violation notice stating that I failed to respond to the violation notice, and had to appear before the board to explain myself. I then contacted the management company, and was ignored for another 3 days. Until today, they finally replied saying the letter was received after the HOA's morning meeting time, so it won't be accounted for. Also that the violation is not enforced by the board or the management company, but only by the association's rules. They will only respond to me at the meeting in 2 weeks.
What solutions do I have?
Obviously, I don't want to spend thousands on relocating a silly vent that looks similar in size and color of any of the gas meters attached to the homes. But the HOA's ignorance towards homeowners' opinions is infuriating.
I don't think I have enough to constitute a lawsuit. My fees are $250/month, with 1 playground and 1 park, no pool or clubhouse. There are about 100 homes in the community. The management keeps the turf at the park groomed. There has been recent mail theft and package theft, the gate is sometimes faulty. They spent $600k buying trees for the entrance last year. Is there anything I can use in my rebuttal?
Your help is greatly appreciated!