MikeD16 (Georgia)
Posts: 11
Posts: 11
Posted:
Hello,
My name is Mike, I had my new dream home built last year in a small neighborhood (currently 29 homes with 6 to 8 open lots still available). I fully understood that I was moving into a neighborhood with an HOA. Currently the HOA is still under developer control. I have been here a year, my dues for the first two years were paid at my closing.
When I met with developer/builder prior to the construction start, I requested a corner lot with a rear driveway to the basement level single car garage for my 16 ft. enclosed trailer. I was charged $2500 for this request. We discussed the covenants language that states, "Recreational vehicles, trailer, work related vehicles, boats and such shall be parked in garages, or to the rear of lot so as not to be in plain view of the street." We discussed that the corner lot would make that difficult. He and I agreed that we use fencing and landscaping to reduce the visibility of trailer.
Construction was completed and we moved in. This was a trying time. The builder was extremely difficult to work with and our relationship quickly soured, to put it nicely. We did not put fence or trees in prior to closing due to the extreme dislike for each other and the fact that he left half of the front yard and all of the side and rear yards with no sod. He stated that our contract only included 8 pallets of sod. We decided that we would have the sod added/completed after we moved in.
Within 2 months of moving in I received a violation letter concerning my trailer, which I fully expected. However it came from a lawyer and very aggressively stated that I had 20 days to accomplish. I emailed his office asking for clarification and written options to move forward. The response I received simply stated two options. Move trailer or submit plans for landscaping and fencing. We did this. We actually also submitted plans for better parking pad for the trailer. The new proposed plan put the trailer to the rear of lot and at the wood line, (we have a wooded section of back yard). All plans we submitted were approved 45 days later. We proceeded with the parking pad, 5ft-4 rail fence and 12 trees (7 to 8 FT). I forgot to mention that he provided a letter (at our request prior to closing) concerning the trailer. It states, "you as the buyer of -- ----- circle have permission from ----- ---- LLC and the covenants therein, to park a trailer behind your home, so long as it is not in plain view of the street">
Well after all the work was completed and the trailer was parked on the pad, we did not hear from him for almost a year.
We have been asking him to stop pouring the excess concrete and construction debris on the 3 lots across the street from us.
He so very eloquently told me to pound sand. He stated that the lot was the designated dump lot until the neighborhood was completed.
I am in the construction trade and know better. After a year of watching it get worse and worse, OI contacted the County. They came out and informed him that he could not do this and must clean it up. The also informed him that he had to install concrete was out station. He immediately called me and left a very aggressive voicemail. I did not respond. A month went by with very little attempts to rectify.
After I watched 4 more concrete trucks dump and clean out the trucks on the third lot, which is a common area lot with retention pond below, I called the EPA and filed a complaint. They came out and discussed his options and requirements. This made him call and leave another few voicemails and threats to go to my jobs and try to shut them down. At this time he also left me a "verbal warning" about me violating the HOA covenants with my trailer.
Three weeks have passed with no formal violation until now. In those three weeks had the sod completed in front rear and side yards along with front flower beds redone. I received a new violation that states the trailer must be moved and remain out of view of the street. He also stated that "No landscaping plans were submitted or approved for the front of my lot. Landscaping must be restored to its original form within 20 days" This would mean that I remove the sod (half my front yard) and leave it as dirt.
I have walked my neighborhood and spoken with neighbors.
I have been informed that there has never been an HOA meeting (formed in 2007).
There has been very few violations sent out.
All were in retaliation to crossing the builder/developer in any way.
Last year all home owners received bills for HOA fees for the first time since closing. Some were 9 years worth of fees.
At least half I spoke with have stated that is as if we have no HOA. Many have submitted requested street light, entrance light repairs, with no action or repairs. This is about the only community thing we have in neighborhood. No pool, no clubhouse etc.
At least 4 other owners have installed new sod, multiple trees etc. without plans or approvals.
Not one neighbor is offend by my yard/landscaping or trailer parking. All have stated that my landscaping makes the corner lot look so much better than when I moved in and is one of the best looking maintained property in the neighborhood.
Finally, the new concrete wash out station on the lot across from me was fist installed with an 8 FT x 4ft sign.LOL
After the county informed him that the sign ordinance would not allow such a large sign, he took it down and installed two 4FT x 4FT signs. He may as well have the signs say "eff you Mike" LOL Apparently the sign ordinance allows for two. The county has told that they can not be in the Right of way". Good grief. All this because he is angry that wanted the illegal dumping to stop.
My questions are:
Do the covenants typically apply to the developer/builder?
Is this normal for an HOA?
Are the harassing phone messages acceptable?
Are the retaliatory HOA violations acceptable?
I don't want to move. I work hard for this place and my Family loves it here.
My name is Mike, I had my new dream home built last year in a small neighborhood (currently 29 homes with 6 to 8 open lots still available). I fully understood that I was moving into a neighborhood with an HOA. Currently the HOA is still under developer control. I have been here a year, my dues for the first two years were paid at my closing.
When I met with developer/builder prior to the construction start, I requested a corner lot with a rear driveway to the basement level single car garage for my 16 ft. enclosed trailer. I was charged $2500 for this request. We discussed the covenants language that states, "Recreational vehicles, trailer, work related vehicles, boats and such shall be parked in garages, or to the rear of lot so as not to be in plain view of the street." We discussed that the corner lot would make that difficult. He and I agreed that we use fencing and landscaping to reduce the visibility of trailer.
Construction was completed and we moved in. This was a trying time. The builder was extremely difficult to work with and our relationship quickly soured, to put it nicely. We did not put fence or trees in prior to closing due to the extreme dislike for each other and the fact that he left half of the front yard and all of the side and rear yards with no sod. He stated that our contract only included 8 pallets of sod. We decided that we would have the sod added/completed after we moved in.
Within 2 months of moving in I received a violation letter concerning my trailer, which I fully expected. However it came from a lawyer and very aggressively stated that I had 20 days to accomplish. I emailed his office asking for clarification and written options to move forward. The response I received simply stated two options. Move trailer or submit plans for landscaping and fencing. We did this. We actually also submitted plans for better parking pad for the trailer. The new proposed plan put the trailer to the rear of lot and at the wood line, (we have a wooded section of back yard). All plans we submitted were approved 45 days later. We proceeded with the parking pad, 5ft-4 rail fence and 12 trees (7 to 8 FT). I forgot to mention that he provided a letter (at our request prior to closing) concerning the trailer. It states, "you as the buyer of -- ----- circle have permission from ----- ---- LLC and the covenants therein, to park a trailer behind your home, so long as it is not in plain view of the street">
Well after all the work was completed and the trailer was parked on the pad, we did not hear from him for almost a year.
We have been asking him to stop pouring the excess concrete and construction debris on the 3 lots across the street from us.
He so very eloquently told me to pound sand. He stated that the lot was the designated dump lot until the neighborhood was completed.
I am in the construction trade and know better. After a year of watching it get worse and worse, OI contacted the County. They came out and informed him that he could not do this and must clean it up. The also informed him that he had to install concrete was out station. He immediately called me and left a very aggressive voicemail. I did not respond. A month went by with very little attempts to rectify.
After I watched 4 more concrete trucks dump and clean out the trucks on the third lot, which is a common area lot with retention pond below, I called the EPA and filed a complaint. They came out and discussed his options and requirements. This made him call and leave another few voicemails and threats to go to my jobs and try to shut them down. At this time he also left me a "verbal warning" about me violating the HOA covenants with my trailer.
Three weeks have passed with no formal violation until now. In those three weeks had the sod completed in front rear and side yards along with front flower beds redone. I received a new violation that states the trailer must be moved and remain out of view of the street. He also stated that "No landscaping plans were submitted or approved for the front of my lot. Landscaping must be restored to its original form within 20 days" This would mean that I remove the sod (half my front yard) and leave it as dirt.
I have walked my neighborhood and spoken with neighbors.
I have been informed that there has never been an HOA meeting (formed in 2007).
There has been very few violations sent out.
All were in retaliation to crossing the builder/developer in any way.
Last year all home owners received bills for HOA fees for the first time since closing. Some were 9 years worth of fees.
At least half I spoke with have stated that is as if we have no HOA. Many have submitted requested street light, entrance light repairs, with no action or repairs. This is about the only community thing we have in neighborhood. No pool, no clubhouse etc.
At least 4 other owners have installed new sod, multiple trees etc. without plans or approvals.
Not one neighbor is offend by my yard/landscaping or trailer parking. All have stated that my landscaping makes the corner lot look so much better than when I moved in and is one of the best looking maintained property in the neighborhood.
Finally, the new concrete wash out station on the lot across from me was fist installed with an 8 FT x 4ft sign.LOL
After the county informed him that the sign ordinance would not allow such a large sign, he took it down and installed two 4FT x 4FT signs. He may as well have the signs say "eff you Mike" LOL Apparently the sign ordinance allows for two. The county has told that they can not be in the Right of way". Good grief. All this because he is angry that wanted the illegal dumping to stop.
My questions are:
Do the covenants typically apply to the developer/builder?
Is this normal for an HOA?
Are the harassing phone messages acceptable?
Are the retaliatory HOA violations acceptable?
I don't want to move. I work hard for this place and my Family loves it here.