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CatS (Virginia)
Posts: 3
Posted:
I have a next door neighbor that moved into the development in May. Since then I basically keep my side windows closed because they refuse to cut their grass, they leave lawn mowers and ladders and all other kinds of junk out on the side of the house and it is terrible to look at. They are converting their garage have covered their garage door with wood and close their garage door up behind the wood (this was just put up yesterday) and in taking to some neighbors outside today they were not pleased by it at all. Our development is a little over a year old and we just got the neighborhood turned over to us from the developers in March. I am on the board but I cannot take the matter into my own hands so I sent an email to the rest of the board to look at first thing on Monday. I know they have not put a request in for what they have done to their home and it makes the neighborhood look tacky, especially when there are a few more homes to sell.

My question is, can we make them take the wood down and look like the other houses in the neighborhood? Another neighbor has converted their garage also but you cannot tell at all because they left their garage door up.

I would think this lowers the appeal of the neighborhood.
Jadedone4 (Virginia)
Posts: 495
Posted:
CatS, does your HOA have an ARC? Are there provisions in your governing documents which speak to what can and cannot be done with garages (some doc's have language preventing from conversions, or limiting to housing a vehicle, etc). Does your local building code agency have rules regulations on such changes (i.e. permits required, ability to convert, etc).
CatS (Virginia)
Posts: 3
Posted:
Our ARC is our BODs. Our development consist of 2 streets. The other three board members live on the main street and I live on the street with the garage issue. I also live beside the garage issue.

I know the rest of the board was not at home and what is interesting is that we just had a board meeting this past Wednesday and this homeowner even attended the meeting. It just surprises me that this homeowner has done this to their home. When you get a contract written on the houses in our development you were given the handbook from the builders that day. You had 3 days to read the book and if you did not like what some of the rules said then you gave up the rights to buy a house in the neighborhood. I know there is something in our By Laws that discusses this. We have our MC write all letters to the homeowners, but they keep up up to date on what is going on and get our approval on the decisions being made.

I am going to have to do a little research, but from the complaints of 3 neighbors it makes me wonder what to do.

Cat
LouiseH1 (South Carolina)
Posts: 13
Posted:
Cats,

It is time consuming, but research is the key. I agree with your other response. Your Covenant should have guidelines for ARC. Also, there should be restrictions noted in your document. I would think there is something in it regarding upkeep and maintaining property. Our code enforcement has to look at different phases of construction and there is a time frame for completion. Some of the HOA's in our area require Bond money for any project to assure the project is done to ARC approval and within a specified time frame. This applies to a homeowner or a hired construction company.

Educate yourself and if you are lucky to know a paralegal who can explain some of the legal jargon so much the better.
RogerB (Colorado)
Posts: 5,067
Posted:
Cat, the HOA can make them take the wood down, mow their grass, store their lawn mower and ladder, and clean up the junk. Read your CC&Rs to determine to what extent. I suggest the Board appoint someone or a committee to do enforcement of Covenants; or it can be assigned to the ACC or the Board. Also, establish Rules and Regulations on Enforcement of Covenants and Rules and provide these to all owners.
BradP (Kansas)
Posts: 2,640
Posted:
Cats:

As everyone else has said your HOA can make them clean the place up. Read your docs. Most have a clause about keeing the lot in good order and not storing things, some specify further. Almost all have a provision that they need to obtain permission from the ARC before any exterior improvements to the lot. Nip this in the bud before he gets to far into his projects.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By RogerB on 09/24/2007 8:24 AM
Cat, the HOA can make them take the wood down, mow their grass, store their lawn mower and ladder, and clean up the junk. Read your CC&Rs to determine to what extent. I suggest the Board appoint someone or a committee to do enforcement of Covenants; or it can be assigned to the ACC or the Board. Also, establish Rules and Regulations on Enforcement of Covenants and Rules and provide these to all owners.

Exactly!

And the sooner it's done, the better.

Ron
SC

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