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SusanH28 (South Carolina)
Posts: 2
Posted:
Hello All! I have an HOA and Drainage easement within three feet of my Master bedroom and Master Bathroom. It extends three feet out from the house to 13 feet, my property line. The opening is 10 by 30 feet, 300 square feet I can not use or can I? I have a fence three feet from my house to contain my dog. I live on a one acre drainage pond that is Not a recreational pond. I've already had one neighbor threaten me with a lien and foreclosure if I fence it off. The builder who is long gone put the wrong floorplan on this lot, and of course, that can not be changed. I did not see the plat until after closing. The next door neighbors have the same easement but the HOA has Not made them move their fence which is completely into the same easement, they should have to give up the same 10 feet, definitely on the plat. They are friends with the HOA secretary. It's suppose to be a "mowing only easement" but no, lots of foot traffic. People have rapped on my house siding with me laying in the bed. This is a very large and expensive home. I've had people looking into my bedroom windows, including the HOA secretary herself. It's pretty unbearable. Dog poop that I've cleaned. What to do? The Clerk of Court representative told me to hire a lawyer. Do I have a case? I'm thinking I need to be the bad guy and petition the HOA to have the neighbors open their 10 feet so I do not have the burden of all the foot traffic. Tired of being the "patsy". Opinions? Questions? Yesterday, the neighbor whose husband threatened me, HOA secretary, was staring into my bedroom window while I was ironing a pile of clothes. My dog went ballistic. Zero privacy! Help! SSH
MelissaP1 (Alabama)
Posts: 13,836
Posted:
How can someone "lien or foreclose" for this? That is such an empty threat and makes no sense. Normally, I don't recommend running to a lawyer but instead go to the board. Only because in your case you may need a bit more education on how to handle this situation. Which I believe may require a lawyer letter to the board to assist your case.

Also make sure to READ your CC&R's and By-laws to find out the definition of the use of this land. It may be "exclusive use" or "Common Area". Each has a different way to approach the issue.

Plus stop saying people are "friends" with the Secretary or board member. You are ALL neighbors living in the SAME neighborhood. So someone else can indicate you are "friends" with certain people as well.

You usually never use a Real estate attorney when dealing with a HOA. However, since this does deal with lands/plats they may be a better resource to assist. Otherwise a Real Estate lawyer is NOT recommended.

Plus draw up a plan of what you want. It helps to have people picture what you want and the issue at hand.

Former HOA President
SusanH28 (South Carolina)
Posts: 2
Posted:
Thank-you, MelissaP1, for helping me correct my language in this matter. There are multiple violations in our subdivision but at the 24 Jan 2019 meeting, I'm the only one that was intimidated into compliance. I do need to go to the HOA board to have my next door neighbors remove their fence out of the easement also. That way we are both shouldering the foot traffic. The plat states, HOA access and drainage easement, 20 feet. 10 feet is ours, 10 feet is theirs. Our leadership is weak and partial to some, that is extremely clear. I'm not one to rock the boat but in this case I need to. People will sell and new people will move in with the existing violations. I want to fence all the property I own to help with the privacy issue but that's not in compliance with the existing HOA restrictions and with the city. On 13 Feb 2019 I filed a police report with the city officer on the very woman that was staring into my window yesterday. I'm a bit shaken to say the least. On that day, I was cleaning up alcohol bottles that were on common ground. She had stopped to yell at me from inside her car, telling me that the property was not common ground. It's 100% common ground as she has since found out. I'll contact the board, on which she sits. I'll contact the management company. Also, when the hired mowers come through the easement, it's only my yard that gets messed up.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I’m sorry - I can’t follow what the issues are ...

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