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Started by LizG2 • 4 replies • 379 views

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LizG2 (Georgia)
Posts: 2

Posted:

Recently I submitted a letter regarding my neighbor who put a metal structure next to our home. Metal Structures are prohibited in our covenants and he was denied this by the HOA. Since this our HOA board has resigned and guess what the new president will be my neighbors wife who has the structure.....What can I do? They have so many violations at this time, do I take them to court, the HOA?

SheliaH (Indiana)
Posts: 6,964

Posted:

Homeowners can enforce the CCRs against each other, so nothing's wrong with you filing a lawsuit. As for the HOA board resigning, they may or may not be related to this, but I suppose you could talk to one of two and ask why they quit. For some reason I doubt it's related to the metal structure, but if they mention something about deliberately ignoring the CCRs and are willing to testify on your behalf, that may work.

But in case they don't want to get involved for whatever reason, you may want to think of other reasons this metal structure is so objectionable to you besides it's not being allowed by the CCRs. Has the neighbor don't anything else to violate the CCRs and no ones done anything? That may prompt you fondue the board as well if you can show selective enforcement.

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

LisaB21 (Texas)
Posts: 97

Posted:

Did the entire Board resign all at once? Or are there some remaining members that may be able to shed some light on the approval of something that is clearly against the CCR/ARC Guidelines?

LizG2 (Georgia)
Posts: 2

Posted:

The HOA board all resigned because of the harassments from my neighbor and a couple others. He is in violation of not only the metal structure but 2 other issues. The President that resigned hired a management company to take over and all hell broke loose with several homeowners. His wife is pregnant and is was causing her health issues so he resigned and the others followed. I'm sure if I asked him he would have no problem standing up in court for us. The metal structure/shed is hideous, we live in a very nice neighborhood and payed a lot of money for our home. He could care less about what his home looks like, but that's what the covenants are for so I thought.

BenA2 (Texas)
Posts: 1,273

Posted:

Usually any owner can sue to enforce a covenant. I would recommend speaking to an attorney first because it is not always as simple as the covenants prohibit it. Court precedents and even the judge hearing the case can make a big difference, especially if you have elected judges.

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