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MikeD16 (Georgia)
Posts: 11
Posted:
I have lived in my new house for a year. The developer/ builder is currently the HOA and ACC. When house was built the builder knew I had an enclosed trailer and we diaussed and agreed on putting in a rear driveway on my corner lot for said trailer. I paid and extra $2500 for drive.
The covanents state " all trailers will be kept on side or rear of property, as to not be in plain view from street'.
This was discussed in detail prior to purchase of home.

2 months after we moved in, recieved violation letter. Due to the corner lot it is difficult to completely hode the trailer. We asked the Developr/builder/HOA for acceptable solutions. We were told we had 2 options. Sybmit a landscaping/fence plan to try and help hide the trailer or remove trailer.
We submitted plans for a better deiveway pad, landscaping(trees) and a 4 rail fence. All were accepted and we proceeded.
Havent had an issue for a year.

One month ago we complained to builder about his dumpi g of concrete on lots across from us. We were told it was the dump lot.
That is not legal or right. Compained ro county. The county responded. He was tild to put in a concrete wash out station and clean up mess. Then we came home to find an 8ft x 4ft sign in front of our home that said concrete wash out station. Way overboard.
Still not cleaned up after a month. Called EPA. EPA has had a meeting with him and worked deal that if he would relocate wash out station and clean up mess there would be no fines.

All good right?

Just recieved new violation about trailer again.

Thoughts?
MikeD16 (Georgia)
Posts: 11
Posted:
Will add that the Developer/HOA has a history of selective/retalitory ennforcement/harrasment issues in past.
SheliaH (Indiana)
Posts: 6,964
Posted:
If you have written documentation that the trailer was accepted after you submitted your landscaping options, start by sending them a letter reminding them of that factoid. If they try to push, you may have to push back with a threat to refer the matter to your attorney (if you have one, send him/her a copy of your letter). That may stop it, but if not, you should have a good chance for this to end in your favor.

I also hope you kept copies of any documentation regarding your complaints to the county and EPA - if this does go to court, you can present that to demonstrate how vindictive these folks can be.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

The developer gave you an exemption (which he can do) for your trailer. You then went and pi$$ed the developer off and now he wants his pound of flesh ala the violation notice.

Did you get any documentation from the developer allowing the exception? If not your next course of action might well be to lawyer up.
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to HOATalk, Mike. You wrote: "We submitted plans for a better deiveway pad, landscaping(trees) and a 4 rail fence. All were accepted and we proceeded." did the developer accept these in writing? If only verbally, JohnC probably is right.
MikeD16 (Georgia)
Posts: 11
Posted:
I have the signed (his sig) approved plans we submitted for driveway, landscaping and fence.
However they are simply that, plans for driveway, landscape and fence. There is no mention of trailer. I have the email from his office which listed the submittal of these plans as an option for a solution to the trailer "in plain view from street."

vauge term, at best.

We have had nothing but trouble with this person from the moment we gave a 15 thousand dollar deposit to start construction. Documented lies, threats and confrontations.

we do have documentation of county and epa complaints.
Also have two harrasing voicemails from him that came after the epa visited him, as well as police report for repeated harrasing and angry calls and voicemails.

First message he left he stated that be was going to build a pink bouse on lot across from me and start construction only to let it sit for 5 years. Lol.
Ended message with "we will see who.has the most money."

All I wanted was for him to stop dumping concrete and construction debris in front of my house.
MikeD16 (Georgia)
Posts: 11
Posted:
The Developer has not released the HOA to the owners yet. HOA paperwork is dated 2006. Not one meeting has ever been held. He sent out invoices for dues for the first time in 5 years to all owners 6 months ago. Every owner paid at closing for firts year and never heard anything untill recently. Lot of angry prople around here.

He sends violation letters to anyone that uestions him or confronts him about anything. I know of two neighbors that are in litigation with him. Both recieve violation letters regularly.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By MikeD16 on 11/19/2016 6:25 PM
Ended message with "we will see who.has the most money."


Call his bluff.

Developers' favorite term is "OPM" - Other Peoples' Money. They have no money of their own and borrow everything. The construction industry is quite accommodating and banks will finance construction. One thing that cannot be paid for with a construction loan is legal advice. Lawyers do not carry accounts nor do they offer financing. Lawyers want cash. If your developer had an attorney then that attorney would be the one making threats. The fact that your developer was making his own threats is a pretty good indication that he has no attorney and the most likely reason for that is he cannot afford one.

You need to seek out legal advice regarding your developer's retaliatory actions against you. As I understand it you complained to both your county and the EPA and both complaints were sustained. I suspect that there are laws barring retaliation for submitting a complaint in good faith and an agency's finding that the developer is in violation is definitely evidence that you complained in good faith.

CyrstalB (Maryland)
Posts: 457
Posted:
Call his bluff by sending a copy of approval and any other written proof and with it state that from this point out, he will need to hire an attorney for further contact with you. Wait until you hear from said attorney and then you will have better insight to move forward.

The experts here can say whether or not this is possible, but is it possible to file a small claims court case for the return of the extra money you spent on your extra driveway as per his expertise as the HOA itself, (he's the board right?)and as the developer at the time, he led you astray by telling you what to do if you spent that extra money and did the extra work to keep it from street view, but he is now saying it's not good enough. His own suggestions are no longer valid by he himself?

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By CyrstalB on 11/21/2016 5:07 AM
State that from this point out, he will need to hire an attorney for further contact with you.


Making a demand that the developer hire an attorney to communicate with a homeowner is an iffy proposition. However, the homeowner can hire an attorney who may then lawfully demand that all communications be sent to the homeowner's attorney. After that demand, the developer could either communicate through the homeowner's attorney himself or hire his own attorney to communicate with the homeowner's attorney.

CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By LarryB13 on 11/21/2016 1:42 PM
Posted By CyrstalB on 11/21/2016 5:07 AM
State that from this point out, he will need to hire an attorney for further contact with you.


Making a demand that the developer hire an attorney to communicate with a homeowner is an iffy proposition. However, the homeowner can hire an attorney who may then lawfully demand that all communications be sent to the homeowner's attorney. After that demand, the developer could either communicate through the homeowner's attorney himself or hire his own attorney to communicate with the homeowner's attorney.


Why would it be iffy for him to demand that exactly? Why can't the HO put it back into the developers court and see if he is willing to play out the BS? Is it because of the possibility that the HO would be on the hook for those att fees?

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