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Started by BrendaB11 • 4 replies • 1068 views

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BrendaB11 (Tennessee)
Posts: 2

Posted:

This may be long but...

We recently bought a home on a mountain in TN. The subdivision has 6 lots. yes you read that correctly. The covenants are very restrictive. My house (and 6 acres) is at the end of the private gravel road, I cannot see any neighbor. I cannot even see the main road I travel to get to town. Yet the covenants say I cannot have a detached garage because I'm only allowed 1 outbuilding so I would have to take down the garden shed to be in compliance. That's just one crazy restrictions there are many!

Here's another -- No one has ever enforced the covenants. I read them thoroughly and it clearly states that each lot owner should pay $100 for road maintenance, yet no one has for 10+ years. I was told by the neighbor who complained about my garage being built that the road was ours and his responsibility because the other lots are just lots and the owners live in other states.

I asked why no one has ever collected money for this and he stated he doesn't like conflict - yet complains about my garage. hmmm?

How does one go about having the covenants changed when no one in the subdivision cares or will talk about it. Are the covenants still valid? I know if I call a meeting to discuss it no one will show up or respond in any form.

any advice should be appreciated

SheliaH (Indiana)
Posts: 6,964

Posted:

The man complains about your garage, yet doesn't like "conflict" (huh?) and no one's collected money to pay for road maintenance??? I'm inclined to say go ahead and build your garage - if he really doesn't like it, he can sue you to enforce the covenants (covenants can be enforced by one neighbor against another - you don't need an HOA to do it). He can explain to the judge why he nor anyone else in the community has done whatever they want for the last 10 years (sounds like fun!) In fact, why not do it and see what happens? That may be one way to get your neighbors to wake up - next time they may be on the receiving end of a lawsuit so they may as well take a look at the covenants to see what should be amended.

If you think meetings won't work (although all the homeowners will have to do SOMETHING if they want to amend the documents), you can try sending everyone a letter asking them if they even want to be covered by the covenants anymore. If not, ALL OF YOU will need to get some legal advice (not here) on what can be done - you may have to go ahead and dissolve the HOA (such as it is). Walk (or drive or bike?) around the neighborhood and introduce yourself as the letter writer and see how they think. From there, you or someone else may be able to call a meeting, this time, everyone shows up and then you can begin addressing the covenants.

One reason you can't simply say "ok, the covenants don't apply from this day forward" is road maintenance. It appears they're part of the HOA's common areas and someone is going to have to pay for the upkeep because I doubt you'll be able to persuade your city or county to do it (an attorney may be able to tell you how to go about doing this if you'd like to try)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BrendaB11 (Tennessee)
Posts: 2

Posted:

Thanks Sheila,

The garage was being built when he complained. So I figured if anything I would take down the shed. hehehehe.

The worst part of this -- here's how the neighborhood breaks down -- 6 lots, 3 actual houses, 1 renter, 3 out of state owners who will not respond to email, snail mail or even talk to me when I call. So it's basically me and the complainer.

I personally think only having covenants for road maintenance would be enough.

does anyone know if Tennessee has laws governing HOA's?

MichelleK5 (New York)
Posts: 161

Posted:

You can always build a "breezeway" to connect the garage and shed, just a roof really..lol. Now you have one structure

We had a couple of homes do that here since the covenants require an "attached garage" and they wanted detached. So they built a breezeway, and now they're in compliance.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Brenda,

You agreed to comply with those covenants when you purchased the property.

Contrary to others, I would strongly recommend that you comply with your covenants, as it appears the TN courts will enforce covenants:

On the Fence? Tennessee Courts Will Enforce Those HOA Covenants

AVALON SECTIONS 4, 6 AND 7 HOMEOWNERS ASSOCIATION v.DILIP CHAUDHURI, ET AL a 2014 appeals case.

As to why nobody is collecting money, it likely is as simple as nobody wants to take on that responsibility. It appears that out of 6 lots, you and your neighbor are the only ones who are local. Do you desire to take on the responsibility of running the Association and collecting funds (as it appears your neighbor does not)?

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