Randomly enforced deed restrictions

Started by EricM12 • 9 replies • 899 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

EricM12
Posts: 5

Posted:

We live in an acreage community in a small town south of Houston Tx. We recently received a violation letter from our property management co. Stating we are in violation of our deed restrictions in regards to a utility culvert we put in to get dirt and mulch deliveries 2 or 3 times a year. The soil co.will not drive over driveways or through ditches. If they do go through a ditch and get stuck we are on the hook for a $375 tow fee. So the violation was caused by the fact that I did not go through the ACC for approval of the culvert...my mistake I did not think I had to since the county approves the culvert size and installs them because these are county maintained roads here. The big issue is the there are 6 or more utility culvert here going back 12 years and no violation letters or fines on those infractions. The management company has not been very accommodating at all to the point of being rude in dealing with us....any thoughts on how to deal with this issue?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quit dealing with the MC
Request a meeting with the Board.
Explain your mistake to the board and that you do desire to be in compliance with the covenants. Point out the other culverts and that, other then failure to follow procedures, you are not asking for anything others have not been approved for. Then request approval for the culvert after the fact.

EricM12
Posts: 5

Posted:

Yes that is our next step in the process.I have printed photo of all the previous infractions here and plan on taking my secret weapon...my wife!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Keep in mind that how you approach the Board will likely determine their reaction.
Your goal is to have your culvert approved.

Approaching the Board claiming others have similar items as you does not excuse the fact that you failed to comply with the deed restrictions and obtain Association approval.

Approaching the Board claiming others have similar items and they aren't being harassed does not excuse your actions and does not offer proof that approval wasn't granted to the other owners.

Approaching the Board admitting you made a mistake and would like to rectify that mistake will provide a sympathetic ear from the Board.

EricM12
Posts: 5

Posted:

I do plan on approaching them in a calm and professional manor as I know that you don't want to put them on the defense. It's not going to be easy as I have seen how they been with other residents here. I was the first to admit to them that I made a mistake on not getting approval through the ACC but so far their reaction has not been very understanding to say the least. At the end of the day there has to be a solution to this as we still need to have material delivered and if these trucks use my driveway I'll be getting a letter from them that my culvert is cracked and in need of being repaired.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is why when you live in a HOA you ALWAYS ask for permission NOT forgiveness. Do you have proof that any of the other installed culvert were never approved? They may exist but do you know all the circumstances? Each one is different. Who is to say those owners haven't gone though the same thing?

Your mistake was not asking for permission/approval first. All of this could have been avoided just for that. Sorry it's not what you want to hear. It's just reality.

Former HOA President

EricM12
Posts: 5

Posted:

I talked to 3 of the property owners and no one every received a violation letter or fines going back 12 years.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By EricM12 on 03/25/2018 6:07 AM
I talked to 3 of the property owners and no one every received a violation letter or fines going back 12 years.

Good question.

A better question to have asked would have been:

Was the culvert on the property when you purchased and if not, did you ask approval from the Association/developer to install it?

EricM12
Posts: 5

Posted:

I know all of these people and all these homes are new construction. I was living here during all of these houses while they were being constructed. This is an acreage community and people build within 3 years of purchasing the land.

LetA (Nevada)
Posts: 2,679

Posted:

What Tim said: You never asked Mother may I, get an ARC for the culverts from the BOD and request a meeting before the BOD.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here