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KarenP18 (North Carolina)
Posts: 8
Posted:
Hi, I bought my condo in 2016. At the time I had a nice wooded land behind my condo. That was sold and the same company is building the new neighborhood that constructed our homes. They are two different communities, we do not share amenities, and have separate names. There is only one way to get out of their community so I guess the developer decided to put a road thru our neighborhood to make an emergency access road This road is one house away from my unit. My issue is the developer ok'd a emergency fence that has been put on what use to be our curb on my neighborhood's side. We have had 2 HOA members since I have lived in the community. The HOA said they had nothing to do with the placement of the gate.They did not even look at the plans THe property manager said he had nothing to do with it. Should I have expected the HOA to at least look at the plans and represent me? They did not. I have a gate so close to us my neighbor who is closer to the gate is complaining she will not be able to back up. I have made a huge fuss and they HOA said there was nothing they could do. AFter asking should they not have represented me by looking at the plans. the HOA said they went out to look at and agreed it was to close to the property and they were going to meet with the developer for solutions. If I don't get the answer I want which is to move the gate to the property line between the neighborhoods, do I have any recourse? Can I sue the HOA for not looking at the plans? The developer because they are involved with both properties? I attend the HOA meetings and asked the developer what this would look like when they announced it. The reply was, "Oh hon, I don't know" Just Tuesday I joined the HOA. We had elections. I want to be involved in the gate conversation but I have a feeling it's already been approved so I will have a gate. It would seem that when I bought my property I would not have any additions like a fence that benefits another community built so close. Again, it's the same builder for both neighborhoods. I feel like this gate will diminish my property value. I did not buy a house with a tin, ugly fence on the curb and I don't think the company who built my neighborhood looked out for me, but looked out for the more expensive houses they are building above me. I'd like advice on if there is anything I can do at this point. That is if the final outcome is they won't move the fence.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Sorry - can’t read, no paragraphs.
SueW6 (Michigan)
Posts: 814
Posted:
Did the local municipality have to approve this new building site plan?

Our ordinances say that anyone who lives within 300 feet of a new project had to be noticed. Were you ever sent any notices of this new construction that came so close to your property?

Go to the building department of your local municipality and start there to register your concerns. Apparently your HOA doesn’t want to protect you at all.
KarenP18 (North Carolina)
Posts: 8
Posted:
I'm sorry you can't read. May I suggest looking into your local community college for Adult Education. It's usually under Continuing Ed.

Also, I'm willing to help. Sorry. I can't read. There are no paragraphs.
KarenP18 (North Carolina)
Posts: 8
Posted:
I'm sorry you can't read. May I suggest looking into your local community college for Adult Education. It's usually under Continuing Ed.

Also, I'm willing to help. Sorry. I can't read. There are no paragraphs.
KarenP18 (North Carolina)
Posts: 8
Posted:
Thank you. I did not receive any notice from the city. When you mean ordinances are you talking about your HOA rules or City. It was announced in our HOA meeting but not directed to me specifically. If I had not attended, I would not have known. My neighbor did not attend. Thank you for your help. I will check into this.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Karen,

I can read very well, but your lack of paragraphs means I’m not reading it.
KarenP18 (North Carolina)
Posts: 8
Posted:
I'm sad you need so much attention. I hope you join that class, meet some friends, and be a happier person. Good luck to you.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Keep going - the others on this site, to help you, like this sort of exchange. It assists in judging whether or not the OP is part of the problem.

Most of them have decades dealing with HOA issues - and the owners of those properties.
ChadH3 (Alabama)
Posts: 50
Posted:
Karen,

From the sound of it, it's highly unlikely that your HOA even knew about it. Adding an entrance would've had to have been approved by the Planning board of your City. Not sure what that is in North Carolina, it's called the Planning & Zoning Commission in Alabama. Generally speaking, notices are sent out to adjoining property owners to notify them that the matter is coming up before the board. Unless your HOA is the owner of the property on the county records, they would not have been notified, unless the builder just took it to them and with my experience with builders/developers, that's not likely.

So as far as suing your HOA, that would be a waste of your money on two ends: both what you pay personally for an attorney and then what you pay into the HOA for the attorney representing the association. It would all be for nothing. My advice would be to go down to City Hall and speaking with someone in the planning department to see how, when and why that was approved. They'll actually know what happened.
KarenP18 (North Carolina)
Posts: 8
Posted:
Thank you so much.
KarenP18 (North Carolina)
Posts: 8
Posted:
k
LetA (Nevada)
Posts: 2,679
Posted:
Karen, First question, are your roads public or private?
I'm willing to bet the answer to your question is in your closing documents. You would have received plats and plans. If the developer owned that property prior to your purchase. the plats and plans would be listed in planned future development. In some municipalities, the title officer goes over and occludes any vacant land and what that vacant land is zoned for.

In addition to what Chad said, and plans after the fact need to go through your local planning commission. You typically receive a postcard in the mail with a time and date to air your grievances, you may even be able to send a letter of dissent to the planning commission.
KarenP18 (North Carolina)
Posts: 8
Posted:
Hi,

Our development has a couple of houses to be built so they are currently private. Atfer they complete our neighborhood they are to repave the road and we will have public roads. The land was sold about 2 and a half years after I purchased my house. I will look into my CCR's. I will check into these things. I emailed our residential zoning official but I have received no response. I will keep trying. Thank you

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