two home owners blatantly enlarged their back yards and built fences on HOA land

JustinT5 (Alabama)
Posts: 50

Posted:

https://ibb.co/9Z4w8WG

the hoa has a lot of wooded areas behind about 20 homes on a street.
a couple home owners have decided to expand their back yard AND build a fence on hoa property. one is 30 extra feet other is 25 exrra feet of back yard area. area highlighted in red. hopefully photo shows if not, I've attached and made link above.

no one goes back there, only noticed it because I was using aerial maps on another project, but now that I know what should be done?

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AdamL1 (UnitedStates)
Posts: 559

Posted:

send a notice and invite them to a meeting/hearing to discuss. Due process is tantamount, as something of this scale this will probably end up with lawyers.

ultimately, your HOA probably has the ability to remove the fence and send the bill to the homeowner, of course after working through all the required steps.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Are you on the board?

The next steps will be governed by what your CC&Rs say about enforcement.

After verifying that this has actually happened (via plat maps and other things), the board will have the authority to send the two homeowners a violation notice telling them to remove the encroaching fences within a specific period of time. If the homeowners don't comply, it would be appropriate to get the HOA's attorney involved since legal action may be required.

Some CC&Rs also allow individual homeowners to enforce the covenants and restrictions themselves. Same steps as above, but you may want to consult a lawyer yourself first. If you're not up for this, you should inform the board in writing that this has happened, provide any supporting evidence that you have, and request that the board enforce the CC&Rs. The board is obligated to do this, and hopefully they're doing their jobs properly.

BancsS
Posts: 269

Posted:

Quote:

Posted By JustinT5 on 06/06/2022 6:30 AM
https://ibb.co/9Z4w8WG

the hoa has a lot of wooded areas behind about 20 homes on a street.
a couple home owners have decided to expand their back yard AND build a fence on hoa property. one is 30 extra feet other is 25 exrra feet of back yard area. area highlighted in red. hopefully photo shows if not, I've attached and made link above.

no one goes back there, only noticed it because I was using aerial maps on another project, but now that I know what should be done?

Have you ever heard of adverse possession laws. I am just throwing that out there. It might be something to research. If it appears that the property has been abandoned, adverse possession may apply.

I owned a property in Iowa that had a vacant lot behind it that was abandoned. We kept it mowed and extended our yard a few feet. We never erected anything on it. I did some initial research on Iowa's adverse possession laws to take over ownership but I abandoned the idea. I have since sold the property. Just something to consider.

Is it platted out, taxes paid, titled to the HOA. I would be researching this before proceeding.

LoriM15 (Florida)
Posts: 1,009

Posted:

I think adverse possession is harder to prove than most people think. However, our attorney tells us that if an easement encroachment or other violation has been there for more than five years then don't bother to try and get the homeowner to correct.

JustinT5 (Alabama)
Posts: 50

Posted:

Quote:

Posted By LoriM15 on 06/06/2022 10:41 AM
I think adverse possession is harder to prove than most people think. However, our attorney tells us that if an easement encroachment or other violation has been there for more than five years then don't bother to try and get the homeowner to correct.

one was buildt around march of 2017 to march of 2018 and the other around 2017. determined by lookigng at aerial maps every year.

I personally don't care, but wondering if they put a trampoline on hoa property, break their back and then can sue the hoa or some other crazy situation.

MichaelT21 (Arkansas)
Posts: 501

Posted:

We have the same problem in our neighborhood. We are having a Board meeting tomorrow, with attorneys present, to discuss the encroachment issue and see how we want to handle this.

In Washington, there is a law that says that adverse possession cannot be claimed on HOA owned property that is greenbelt or open space. One of our homes encroached about 13 years ago and we will be deciding if we want to ask him to remove the encroachment. Personally I think we should because the property belongs to the HOA and not the homeowner.

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By JustinT5 on 06/06/2022 11:04 AM

Posted By LoriM15 on 06/06/2022 10:41 AM
I think adverse possession is harder to prove than most people think. However, our attorney tells us that if an easement encroachment or other violation has been there for more than five years then don't bother to try and get the homeowner to correct.

one was buildt around march of 2017 to march of 2018 and the other around 2017. determined by lookigng at aerial maps every year.

I personally don't care, but wondering if they put a trampoline on hoa property, break their back and then can sue the hoa or some other crazy situation.

Adverse possession is a high bar to prove....especially if the HOA has been paying taxes on it the whole time.

But to your question, any personal injury lawyer would certainly name the HOA as a Plaintiff, but there's certainly merit in the argument that the Homeowner is fully responsible as they're the ones that placed the trampoline and enclosed the fence through chicanery.

Bottom line is that now that the HOA knows its a problem, you will soon lose your right to remedy the situation if you ignore it for years to come. Time to issue a notice and call them in to a hearing.

BancsS
Posts: 269

Posted:

To understand where these homeowners may be coming from, the abandoned lot behind my home became weedy and tree suckers would constantly shoot up in our yard. It attracted critters as well. It became so overgrown with trees and brush, it was a nuisance. Does the HOA maintain this area at all? Is the HOA required to maintain it or is it just expected that it would stay in its natural state.

Maybe consider it a blessing that these owners are at least maintaining the area or part of it anyway. Discussing the situation with these owners is a prudent thing to do at this point.

To be sure, the owners should have been aware of some potential pitfalls of purchasing a home that backs up to a wooded area. I am just speculating here. I am just explaining my situation in Iowa as something to ponder. The property was not owned by the HOA.

MarkR21 (North Carolina)
Posts: 710

Posted:

Quote:

Posted By BancsS on 06/06/2022 12:30 PM
To understand where these homeowners may be coming from, the abandoned lot behind my home became weedy and tree suckers would constantly shoot up in our yard. It attracted critters as well. It became so overgrown with trees and brush, it was a nuisance. Does the HOA maintain this area at all? Is the HOA required to maintain it or is it just expected that it would stay in its natural state.

Maybe consider it a blessing that these owners are at least maintaining the area or part of it anyway. Discussing the situation with these owners is a prudent thing to do at this point.

To be sure, the owners should have been aware of some potential pitfalls of purchasing a home that backs up to a wooded area. I am just speculating here. I am just explaining my situation in Iowa as something to ponder. The property was not owned by the HOA.

Doesn’t excuse them making a fence around the property. That’s basically saying it’s mine

If they didn’t want a forest behind their property that’s fine to mow a few ft not 30 ft

TimB4 (Tennessee)
Posts: 21,059

Posted:

Need to work quickly or the owners might have an argument for adverse possession.

LetA (Nevada)
Posts: 2,679

Posted:

Your BOD first step is to hire a land surveyor to report the findings to the board. You will most definitely need to get your HOA attorney involved. They will need to send a demand letter
giving the party X number of days to remove the fence or the HOA will remove the fence at their expense. You have another set of issues if they did not get ARC approval for the fence.
It also wouldn't hurt to reach out to your local code enforcement for guidance.

PatJ1 (North Carolina)
Posts: 568

Posted:

Verify that the property hasn't changed owners during your researched time frame. That may change the way you determine how to handle the issue.

ThadC2 (Florida)
Posts: 820

Posted:

Quote:

Posted By LetA on 06/06/2022 1:01 PM
Your BOD first step is to hire a land surveyor to report the findings to the board. You will most definitely need to get your HOA attorney involved. They will need to send a demand letter
giving the party X number of days to remove the fence or the HOA will remove the fence at their expense. You have another set of issues if they did not get ARC approval for the fence.
It also wouldn't hurt to reach out to your local code enforcement for guidance.

before getting lawyer involved just send them a letter with google maps photo like you already posted. most people will know they are busted based on that alone and will comply

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ThadC2 on 06/06/2022 1:41 PM

Posted By LetA on 06/06/2022 1:01 PM
Your BOD first step is to hire a land surveyor to report the findings to the board. You will most definitely need to get your HOA attorney involved. They will need to send a demand letter
giving the party X number of days to remove the fence or the HOA will remove the fence at their expense. You have another set of issues if they did not get ARC approval for the fence.
It also wouldn't hurt to reach out to your local code enforcement for guidance.

before getting lawyer involved just send them a letter with google maps photo like you already posted. most people will know they are busted based on that alone and will comply

I agree. Not that they will comply but at least you have started a paper trail.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Good news, it's unlikely that adverse possession will come into play as Alabama requires 20 years of possession.
If it has been fenced off for 20 years, then the owners would have a good argument.

See:

Alabama Adverse Possession Laws from Find Law

BillD16 (Texas)
Posts: 971

Posted:

Jesus, what a nightmare.

I don’t have the background that other people here have, but if it were me, I’d go straight to a lawyer. Just to make sure you’re handling it correctly from Step #1. My (limited) understanding of this kind of thing is that it’s messy and difficult. I’m assuming you are on your HOA’s Board? If so & if I were you, my primary concern would be to not make any mistakes that could affect / derail the case later.

I’m giving you cowardly advice, and I feel poorly about it. I’m sorry.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

TimB4 (Tennessee)
Posts: 21,059

Posted:

I would first find out if the fences were approved.
If they were, a past board/committee really messed things up for you.

If they were not, there is a much stronger argument on the removal/move the fence back to the property line.

BancsS
Posts: 269

Posted:

JustinT5,

You seem pretty annoyed by a piece of property that doesn't seem to have much value except to the owners backing up to it. You stated "no one goes back there." Can the HOA sell it to the owners?

KerryL1 (California)
Posts: 14,550

Posted:

Agreeing with Cathy. Get started on your usual violation procedures once you're certain about the violation. Get on the record. Then consult with your HOA attorney.

Learn who owned these lots back in '17-'18.

As Lori points out, this HOA may not be able to do anything about the fenced in HOA land. Your HOA attorney can explain the "doctrine of laches," where if a violation was noticed 5 or more years ago, and the HOA did nothing about it, it may (in this case) stay. But if there's no record that this violation wasn't noticed until recently, your HOA may have a better case.

Similarly, there could be a statute of limitations involved for the same or a similar reason. It, possibly, refers to four years.

Because of both of these, MichaelT's HOA may have much more trouble getting the encroachment removed.

SusanA9 (Arizona)
Posts: 33

Posted:

I say, mind your own business. It is not something that is affecting you.

MichaelT21 (Arkansas)
Posts: 501

Posted:

Quote:

Posted By SusanA9 on 06/08/2022 4:38 PM
I say, mind your own business. It is not something that is affecting you.

It does. As a HOA member, the OP is an owner of the corporation that owns the property. Theft of the property by the individual homeowners affects all members, including the OP.

Can I rummage through your house and take stuff you don't appear to be using when you are away, without your permission? No.

MarkR21 (North Carolina)
Posts: 710

Posted:

Quote:

Posted By SusanA9 on 06/08/2022 4:38 PM
I say, mind your own business. It is not something that is affecting you.

What ethical doctrine uses that logic to solve issues?
If he’s on board it IS his business if people are using HOA land without permission

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By SusanA9 on 06/08/2022 4:38 PM
I say, mind your own business. It is not something that is affecting you.

I think we have a troll. Comes onto an HOA forum and says she doesn't believe HOAs have the right to tell her what to do. This should be fun!

JayL6 (Kansas)
Posts: 18

Posted:

Might also want to contact your city's codes department. They'll have ordinances regarding lot lines, setbacks, and so on.

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By MarkR21 on 06/08/2022 5:40 PM

Posted By SusanA9 on 06/08/2022 4:38 PM
I say, mind your own business. It is not something that is affecting you.

What ethical doctrine uses that logic to solve issues?
If he’s on board it IS his business if people are using HOA land without permission

just a point of clarification....its not using HOA property without permission, but rather they have attempted to take possession of HOA land to the exclusion of the rest of the Membership.

In general, HOA common property is for the use and enjoyment of the Membership. One does not need to get permission to use it. You have permission by purchasing a share of the corporation, AKA your house. But putting a fence around it is an attempt to take personal possession and exclude others. That's a very different concept.

BancsS
Posts: 269

Posted:

Quote:

Posted By AdamL1 on 06/08/2022 8:20 PM

Posted By MarkR21 on 06/08/2022 5:40 PM

Posted By SusanA9 on 06/08/2022 4:38 PM
I say, mind your own business. It is not something that is affecting you.

What ethical doctrine uses that logic to solve issues?
If he’s on board it IS his business if people are using HOA land without permission

just a point of clarification....its not using HOA property without permission, but rather they have attempted to take possession of HOA land to the exclusion of the rest of the Membership.

In general, HOA common property is for the use and enjoyment of the Membership. One does not need to get permission to use it. You have permission by purchasing a share of the corporation, AKA your house. But putting a fence around it is an attempt to take personal possession and exclude others. That's a very different concept.

They are just trying to keep Big Foot away from their house.

SusanA9 (Arizona)
Posts: 33

Posted:

Really? I am a Troll, because I gave my opinion? The Original poster is not on the HOA board or a member of HOA management team. He needs to mind his own business. Its neighbors like him that make having neighbors a bad thing. Pick up a hobby to fill your time, leave your neighbors alone.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SusanA9 on 06/09/2022 1:09 PM
Really? I am a Troll, because I gave my opinion? The Original poster is not on the HOA board or a member of HOA management team. He needs to mind his own business. Its neighbors like him that make having neighbors a bad thing. Pick up a hobby to fill your time, leave your neighbors alone.

So if one observes a violation, they should ignore it?

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By JohnC46 on 06/10/2022 9:57 AM

Posted By SusanA9 on 06/09/2022 1:09 PM
Really? I am a Troll, because I gave my opinion? The Original poster is not on the HOA board or a member of HOA management team. He needs to mind his own business. Its neighbors like him that make having neighbors a bad thing. Pick up a hobby to fill your time, leave your neighbors alone.

So if one observes a violation, they should ignore it?

Many HOAs/COAs have provisions in their CC&Rs that give homeowners the right to take legal action against others in the case of violations, without waiting for the board to take action themselves. Lawmakers specifically give homeowners this right.

What many homeowners don't understand is that they are the financial and legal partners of every other homeowner in their association. It's absolutely their business if some of their partners aren't living up to the agreement that they willingly signed. Would you tell a business owner to "pick a hobby" when they discover that their partner is pilfering from the business? I would hope not, unless you think the owner should be the victim of bad actors.

SusanA9 (Arizona)
Posts: 33

Posted:

That is a completely different situation. And the next door neighbor dont own and isnt in a partnership with the neighbors. No one partners to pay the mortgage do they? NO. All I am saying is these nosey neighbors who have nothing better to do then get into someone else's business, need to stop it. Most of the time when someone is pointing fingers at someone else, four fingers are pointing back at them.
The HOAs have gone way overboard with their rules. As described in Community Association Living (a CAI publication), homeowners associations are designed to manage common or shared property, protect owners’ property values, provide services to residents, and develop a sense of community through social activities and amenities. HOA refers to homeowners association and essentially, the HOA is responsible for the maintenance of items that are not the individual homeowner’s responsibility. Nowhere in that description does it say, that neighbors should spy on each other and run and be a tattle-tale. Its none of his business, nothing is being taken from him. If it was HIS land being used without his consent, that would be a different issue, but its not his, he has no say about it, its not causing him any harm, no discomfort, except maybe jealously because he didnt think of doing it first.
There is no partnership, its a bunch of Budinski types who have a thing for controlling others.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By SusanA9 on 06/10/2022 1:00 PM
That is a completely different situation. And the next door neighbor dont own and isnt in a partnership with the neighbors. ... snip ....

You think so, do you? I hope you never end up in a situation that proves just how much your fellow association members' actions affect you.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By SusanA9 on 06/10/2022 1:00 PM
That is a completely different situation. And the next door neighbor dont own and isnt in a partnership with the neighbors. No one partners to pay the mortgage do they? NO. All I am saying is these nosey neighbors who have nothing better to do then get into someone else's business, need to stop it. Most of the time when someone is pointing fingers at someone else, four fingers are pointing back at them.
The HOAs have gone way overboard with their rules. As described in Community Association Living (a CAI publication), homeowners associations are designed to manage common or shared property, protect owners’ property values, provide services to residents, and develop a sense of community through social activities and amenities. HOA refers to homeowners association and essentially, the HOA is responsible for the maintenance of items that are not the individual homeowner’s responsibility. Nowhere in that description does it say, that neighbors should spy on each other and run and be a tattle-tale. Its none of his business, nothing is being taken from him. If it was HIS land being used without his consent, that would be a different issue, but its not his, he has no say about it, its not causing him any harm, no discomfort, except maybe jealously because he didnt think of doing it first.
There is no partnership, its a bunch of Budinski types who have a thing for controlling others.

Let's see. I move into an HOA and my money will now be mixed with my neighbors money and also managed by them. I also share the risk of any potential lawsuit that is brought against the HOA such as someone getting hurt on HOA property. If that is not a partnership then I guess I don't know what is.

SusanA9 (Arizona)
Posts: 33

Posted:

wow! no wonder you're so uptight. Calm down, as long as no one gets hurt on the property YOU own, no one can sue you. The HOA as an entity would be held responsible for injuries on all common grounds. That is why YOU have YOUR own home owners insurance policy, and the HOA has their own lability insurance.
You give ALL your money to your HOA? Or do you just pay a bill like the rest of us? The monies are not mixed, that is like saying I bought something from Walmart, so I am now a partner with Walmart. That isnt how it works.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By SusanA9 on 06/10/2022 3:11 PM
wow! no wonder you're so uptight. Calm down, as long as no one gets hurt on the property YOU own, no one can sue you. The HOA as an entity would be held responsible for injuries on all common grounds. That is why YOU have YOUR own home owners insurance policy, and the HOA has their own lability insurance.
You give ALL your money to your HOA? Or do you just pay a bill like the rest of us? The monies are not mixed, that is like saying I bought something from Walmart, so I am now a partner with Walmart. That isnt how it works.

You are so wrong I don't know where to begin. The monthly dues that myself and others pay monthly goes into a common budget fund and into Reserves. It's about as mixed as you can get. What do you think happens if these accounts are underfunded or their is a high rate of delinquencies? In our case it meant that common roofs over our condos didn't get repaired, the roads deteriorated beyond fixing and fences crumbled, etc.

The fact that you don't see an HOA as a partnership amongst the owners is simply bizarre.

SusanA9 (Arizona)
Posts: 33

Posted:

You're simply paying for a service. And it is probably different in Mulit-Family buildings, then for an actual single family home.
But either way, you're still not in a partnership, your just paying someone for a service to keep the mutual roof / grounds upkept.

KerryL1 (California)
Posts: 14,550

Posted:

Skimming SusanA9"s "Prepaid Assessment" post suggests she's disputing one or more fines that I'm guessing were the r result of nosy neighbors legitimately reporting, for purposes of enforcing their governing documents' restrictions, violations.

This is a right that Owners have, SusanA9, that most likely is in your CC&Rs

ThadC2 (Florida)
Posts: 820

Posted:

I'm gonna go to a national park, fence off some land and raise cattle, food and life off the land. It will be in the middle of no where. I'm sure the federal government wont' mind at all. If I get caught I'm gonna tell them they should mind their own business.

SusanA9 (Arizona)
Posts: 33

Posted:

LOL it is SO funny when people "think" they know what they are talking about but really they don't. It makes them look so foolish. If you had read ALL of my posts, you would have seen that I do NOT live in an HOA community. I only manage some homes that are rented out in these HOA communities, so I have to deal with the nonsense and corruptness of these associations, even though I was smart enough not to purchase my home in an HOA community. So your assumptions are so far from correct, and its people like you that are the tattle-tales that watch what everyone else is doing instead of taking care of your own business. You probably get a kick out of making other people miserable, so you re not the only one. How would you like it if someone purposely took your money you paid for your assessments then used them for something else, then said you didnt pay your assessment and charged you late fees? You would just bend over and say OK? Some how, just from your post, I highly doubt it.
Get your facts straight, before you go and cry to the association about what someone else is doing.

SusanA9 (Arizona)
Posts: 33

Posted:

if that is what you want to do, then do it. I dont care what you do. It doesn't affect me in anyway by you doing that. So I am not going to go tell on you. Its NONE OF MY BUSINESS. And if you get away with it, Good For You!

BancsS
Posts: 269

Posted:

Quote:

Posted By JohnC46 on 06/10/2022 9:57 AM

Posted By SusanA9 on 06/09/2022 1:09 PM
Really? I am a Troll, because I gave my opinion? The Original poster is not on the HOA board or a member of HOA management team. He needs to mind his own business. Its neighbors like him that make having neighbors a bad thing. Pick up a hobby to fill your time, leave your neighbors alone.

So if one observes a violation, they should ignore it?

In some cases, yes ignore it. Don't you think it's situational and the severity of the violation? In communal living there are some things that can be overlooked. Like garage doors being left open or garbage getting put out early.

JustinT5 must have been really bothered by these homeowners who encroached (my words not Justin's) on HOA property that no one goes to. My first step would be to talk to the homeowners and show them the arial pictures. Then proceed with bringing it up to the board if necessary. Lawyers don't need to get involved at this point. Can a compromise be reached here? Ask the owners to remove the fencing or set it back to their property line. I don't see anything wrong with cleaning up that area to a certain point. Perhaps 30 feet is taking it a bit too far.

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By SusanA9 on 06/10/2022 5:07 PM
if that is what you want to do, then do it. I dont care what you do. It doesn't affect me in anyway by you doing that. So I am not going to go tell on you. Its NONE OF MY BUSINESS. And if you get away with it, Good For You!

Like I said before - troll.

JustinT5 (Alabama)
Posts: 50

Posted:

Quote:

Posted By BancsS on 06/11/2022 4:50 AM

Posted By JohnC46 on 06/10/2022 9:57 AM

Posted By SusanA9 on 06/09/2022 1:09 PM
Really? I am a Troll, because I gave my opinion? The Original poster is not on the HOA board or a member of HOA management team. He needs to mind his own business. Its neighbors like him that make having neighbors a bad thing. Pick up a hobby to fill your time, leave your neighbors alone.

So if one observes a violation, they should ignore it?

In some cases, yes ignore it. Don't you think it's situational and the severity of the violation? In communal living there are some things that can be overlooked. Like garage doors being left open or garbage getting put out early.

JustinT5 must have been really bothered by these homeowners who encroached (my words not Justin's) on HOA property that no one goes to. My first step would be to talk to the homeowners and show them the arial pictures. Then proceed with bringing it up to the board if necessary. Lawyers don't need to get involved at this point. Can a compromise be reached here? Ask the owners to remove the fencing or set it back to their property line. I don't see anything wrong with cleaning up that area to a certain point. Perhaps 30 feet is taking it a bit too far.

not really bothered by the fact they cut down tree saplings and brush to expand their yard, bothered they fenced it in and said it's all mine. I'm on the board but even if I wasn't, it's not cool to do that.

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Posted By JustinT5 on 06/11/2022 7:13 AM
not really bothered by the fact they cut down tree saplings and brush to expand their yard, bothered they fenced it in and said it's all mine. I'm on the board but even if I wasn't, it's not cool to do that.

Frankly, I’m astonished that anyone could think otherwise.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JustinT5 on 06/11/2022 7:13 AM

Posted By BancsS on 06/11/2022 4:50 AM

Posted By JohnC46 on 06/10/2022 9:57 AM

Posted By SusanA9 on 06/09/2022 1:09 PM
Really? I am a Troll, because I gave my opinion? The Original poster is not on the HOA board or a member of HOA management team. He needs to mind his own business. Its neighbors like him that make having neighbors a bad thing. Pick up a hobby to fill your time, leave your neighbors alone.

So if one observes a violation, they should ignore it?

In some cases, yes ignore it. Don't you think it's situational and the severity of the violation? In communal living there are some things that can be overlooked. Like garage doors being left open or garbage getting put out early.

JustinT5 must have been really bothered by these homeowners who encroached (my words not Justin's) on HOA property that no one goes to. My first step would be to talk to the homeowners and show them the arial pictures. Then proceed with bringing it up to the board if necessary. Lawyers don't need to get involved at this point. Can a compromise be reached here? Ask the owners to remove the fencing or set it back to their property line. I don't see anything wrong with cleaning up that area to a certain point. Perhaps 30 feet is taking it a bit too far.

not really bothered by the fact they cut down tree saplings and brush to expand their yard, bothered they fenced it in and said it's all mine. I'm on the board but even if I wasn't, it's not cool to do that.

I agree. The fence is a no no.