ccrc - HOATalk Forum

JeremyH4 (Tennessee)
Posts: 1

Posted:

Need advice/help. Never really read all rules in neighborhood before moving in (I Know stupid) but now after being fined for dumb reason, I'm studying them now.
It states that all front should be brick. Mine is not. Is there anything I can do now?

Also I feel I'm being harassed and not all residents are having the same issue with the fees as me. Is there a way that they must show what residents are being fined?

My neighborhood is being controlled by Ghertner & Company, which I understand is a hoa managing company. I understand that until the developer finishes so much of the neighborhood that they don't have to release control to the residents and we cant form our own HOA.

PLease help, new to neighborhood life and HOA

Jeremy

SheliaH (Indiana)
Posts: 6,964

Posted:

Please do not use actual names of communities or companies (that's from the posting rules).

Now to your questions. Generally when someone buys a home in a HOA, he or she automatically becomes responsible for complying with its rules, including those concerning the appearance of the exterior, so if the front of your home is supposed to be brick and yours isn't, you may be stuck with putting the house in compliance. You may think it's dumb, but that's what you signed up for.

Unfortunately, some owners do whatever they want and then sell the house, not telling the new owner they're in compliance or perhaps they didn't know either and now the board has decided to crack down because people did whatever they wanted over the years. If you aren't fair and consistent in rules enforcement, you run the risk of the rules becoming unenforceable altogether and then someone does something really crazy.

You could go back to the previous owner (if you can find him/her) and see what he/she has to say or look through all those papers you signed at closing to see if there was any language where the seller stated the house was in compliance with the HOA's rules. You may need an attorney to help you wade through all that and then he or she can tell you what your options are.

Regarding your statement "I feel I'm being harassed and not all residents are having the same issue with the fees as me. Is there a way that they must show what residents are being fined?" First of all, it's really none of your business as to who's being fined or not or why they're being fined. There should be some sort of appeals process for the fines, so you need to follow that process and see what happens. If there are other homes that don't have brick fronts like you, you can always ask those owners if they've received violation notices and if so, perhaps all of you can make a case for changing that rule. If it's in the CCRs, you'll have to convince a certain percentage of homeowners to agree with you if that part is to be changed.

In the meantime, start with your own appeals process - the best you may be able to do at this point is to say you weren't aware of the rule as you just moved and have started to read the rules, and see if you can come to some sort of compromise.

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

DouglasM6 (Arizona)
Posts: 724

Posted:

You also failed to read the rules of this forum. No mentioning names of communities, management companies, etc.

Was the front of your home changed after you purchased it?

If yes, you will probably have to change it back.

If no, check with the title company to see if there was a statement from the HOA saying the home was compliant at the time of the sale. HOA's are usually asked for that info at closing. If the form says compliant, you should be okay if it goes to court. If it says non-compliant and you simply failed to read it too, then you have an issue you will have to fix.

Others will chime in soon.

Welcome to HOA life!!

JanetB2 (Colorado)
Posts: 4,219

Posted:

You are apparently still in a developer controlled and new HOA with new homes. If you built the home yourself? If you built it yourself did you apply for and receive ACC approval for what was built?

If you purchased the home as is ... You should contact your Title Insurance Company and they will help you with the issue as Douglas also noted.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jeremy,

As others have said, please read the Posting Rules. There are only three of them.

When you say that the front of your home doesn't comply, it has me ask:

Did you build it or purchase it that way?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Sorry about that. Lets try it again with proper coding for the link.

Jeremy,

As others have said, please read the Posting Rules. There are only three of them.

When you say that the front of your home doesn't comply, it has me ask:

Did you build it or purchase it that way?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By JeremyH4 on 11/10/2017 2:12 PM
Need advice/help. Never really read all rules in neighborhood before moving in (I Know stupid) but now after being fined for dumb reason, I'm studying them now.
It states that all front should be brick. Mine is not. Is there anything I can do now?

Also I feel I'm being harassed and not all residents are having the same issue with the fees as me. Is there a way that they must show what residents are being fined?

My neighborhood is being controlled by Ghertner & Company, which I understand is a hoa managing company. I understand that until the developer finishes so much of the neighborhood that they don't have to release control to the residents and we cant form our own HOA.

PLease help, new to neighborhood life and HOA

Jeremy

1.
Was the previous owner issued a violation for the non-brick front? Did the previous owner disclose this violation to you? If not, you may have a claim against the previous owner.

2.
How long has the non-brick front been in place? Where I am, a court will say that any unapproved architectural violation in place for more than about seven years is de facto approved by the HOA.

3.
In your letter of objection, state your concern about selective enforcement.

Keep the forum posted.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AugustinD on 11/12/2017 6:52 AM

Posted By JeremyH4 on 11/10/2017 2:12 PM
Need advice/help. Never really read all rules in neighborhood before moving in (I Know stupid) but now after being fined for dumb reason, I'm studying them now.
It states that all front should be brick. Mine is not. Is there anything I can do now?

Also I feel I'm being harassed and not all residents are having the same issue with the fees as me. Is there a way that they must show what residents are being fined?

My neighborhood is being controlled by Ghertner & Company, which I understand is a hoa managing company. I understand that until the developer finishes so much of the neighborhood that they don't have to release control to the residents and we cant form our own HOA.

PLease help, new to neighborhood life and HOA

Jeremy

1.
Was the previous owner issued a violation for the non-brick front? Did the previous owner disclose this violation to you? If not, you may have a claim against the previous owner.

2.
How long has the non-brick front been in place? Where I am, a court will say that any unapproved architectural violation in place for more than about seven years is de facto approved by the HOA.

3.
In your letter of objection, state your concern about selective enforcement.

Keep the forum posted.

If he has to address the brick front issue best he not make any enemy's on the BOD so I suggest he drop the selective enforcement complaint until the brick front issue is put to rest. Make nice with the BOD.

If still under builder control go for an exemption/waiver on the brick front.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

ADDITION

Jeremy

In some states/HOA's for resale the HOA/MC issues some sort of form (maybe even an Estoppel) that says there are no existing violations and/or dues on the home. Did you get such when you purchased?