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AliciaE (Georgia)
Posts: 4
Posted:
I bought my house in 2010 (new construction). At that time, I got approvial from the builder/HOA to erect a fence in my backyard. I was not required to complete a formal architectural review application. I simply submitted a photograph of the proposed fence and a drawing of where it would be located on the property. I am in possession of the email "approval" from the buiilder/HOA. At the end of 2010, the original builder lost the remaining lots to the bank in foreclosure, and the bank owned the lots until late 2012 when a new (subpar) builder bought all the lots and has begun building houses. Today I received a letter in the mail form the new HOA advising me that I am not in compliance with the covenants becuase I have not submitted an architectural review application for the fence located on my property. Is this normal? Why would I need to submit an application to erect a fence that has been standing since January 2010? Why are they just bringing this up now when they been building since the end of 2012? I feel like this is retaliatory and a form of harassment because I (along with my neighbors) put up some resistance to this builder at first because they are building very cheap homes in a neighborhood that originally consisted of near custom homes, and technically they are in violation of the original covenants covering the land. The new builder is the majority landowner now, though, so we don't have the power to enforce the covenants. How should I respond to this letter from the HOA? Does this sound like harassment?
GlenL (Ohio)
Posts: 5,491
Posted:
Simply send them a copy of your approval from the original developer.

Studies show that 5 out of 4 people have problems with fractions
DaveD3 (Michigan)
Posts: 796
Posted:
I agree with Glen.

And what exactly is being violated that you don't feel you can enforce? Do you have a board of directors?
AliciaE (Georgia)
Posts: 4
Posted:
The original covenants had restrictions on the minimum cost of the houses in the subdivision, architectural restrictions (e.g., side-entry garage, 3-side brick minimum) and restrictions on the quality of the materials used in construction of these homes with specific intentions set forth. These are all being ignored. The problem is that the neighborhood had only 3 original homeonwers. So, when the new buiilder came in and bought all the remaining lots, they became the majority lot owner. We took a big chance buying into a partially developed subdivision. We are paying the price now.

Thanks for the quick replys.
FredS7 (Arizona)
Posts: 927
Posted:
> How should I respond to this letter from the HOA?

Use the "forward" button on your email client.

DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By AliciaE on 06/28/2013 4:25 AM
The original covenants had restrictions on the minimum cost of the houses in the subdivision, architectural restrictions (e.g., side-entry garage, 3-side brick minimum) and restrictions on the quality of the materials used in construction of these homes with specific intentions set forth. These are all being ignored. The problem is that the neighborhood had only 3 original homeonwers. So, when the new buiilder came in and bought all the remaining lots, they became the majority lot owner. We took a big chance buying into a partially developed subdivision. We are paying the price now.

Thanks for the quick replys.

You didn't say what sort of board you have in place, if any.

Regardless of whether or not the builder has a majority ownership, if they didn't change the rules & regulations, they're in violation. You can, as an individual, take them to court over it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AliciaE on 06/28/2013 4:25 AM
The original covenants had restrictions on the minimum cost of the houses in the subdivision, architectural restrictions (e.g., side-entry garage, 3-side brick minimum) and restrictions on the quality of the materials used in construction of these homes with specific intentions set forth. These are all being ignored. The problem is that the neighborhood had only 3 original homeonwers. So, when the new buiilder came in and bought all the remaining lots, they became the majority lot owner. We took a big chance buying into a partially developed subdivision. We are paying the price now.

Thanks for the quick replys.

Alicia

It is quite possible (and I expect it to be the case) that if the new developer became the Declarant, they can pretty well change anything they desire to change without owner approval.

Sorry to say, but I think you are going to have to live with the less expensive homes occupied by trashy neighbors.

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