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BrendaP5 (Tennessee)
Posts: 44
Posted:
We are builders in an hoa community that doesn’t want others moving into the community and they make it hard.The pick on us about everything but let others slide.They don’t like me and I don’t like them.One of the stated requirements to build is a copy of a certified survey but we have built 4 houses in this community and only had one survey and that was because we couldn’t find one of the pins on property.They are now telling us there not approving a building package without a survey.What can be done?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BrendaP5 on 12/10/2023 7:26 PM
One of the stated requirements to build is a copy of a certified survey... [snippage] They are now telling us there not approving a building package without a survey. What can be done?
Respectfully, I think the law is mostly on the HOA's side. Do the survey. If this just does not sit well with you, then the HOA and you can lawyer up and see who goes to court first. The HOA would go to court for an injunction to stop you from building. You would go to court and argue that others are not required to submit the surveys, and "Here's the proof, your honor. [presents multiple affidavits and lot applications] Hence this is selective enforcement." To which the HOA attorney would say, "The HOA board has done its best in the past. Surveys are highly important for xyz reasons. Going forward the HOA is being rigorous in enforcing this requirement. The key phrase is "going forward," your honor. Covenants that are not restrictions on land use cannot be abandoned."

All at a cost of at least $20,000 for you.
DeanJ
Posts: 1,786
Posted:
A survey is less than $1000. Get real.
BrendaP5 (Tennessee)
Posts: 44
Posted:
While a survey would cost us 1000.00 we are ready to build and had no idea we would have to have one because we’ve built 3 others without it.It would take us about 6 months to get a survey because they are behind
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So circumstances change. Maybe you should have had a survey done on the other property as well. They are now realizing that should have been part of the process. Honestly, I would not know why one would NOT build without a survey. It's best to cover all parties involved.

My last house prior to me moving in, my next door neighbor stole about 3 feet of my land. I was informed by several neighbors he had moved my fence. There was evidence as such. The fence was originally car width but now only half that. I did not care as my yard was big enough. Less mowing... Then we had a "Dog fight". He started complaining about my dogs barking and my leaving my back door open to let them out. It was HIS dogs barking and I had ankle surgery leaving the door open since could not walk. Animal control lived behind us and witnessed it was NOT my dogs barking etc... Just to settle out that part of the story...

My neighbor started to threaten me with making me pay for a survey! He wanted me to pay for a survey for the section he stole! His yard was smaller than mine. I shut him up by replacing the chain link fence between us with a 6 foot wood privacy fence. I put the ugly side out. Leaving him with the chain link. That way he still had the fence and our dogs could not see each other.

I found that having a survey is VERY important to have after that. Encourage others to do a survey when moving or building. You don't know what the future holds. You get a bad neighbor. Having a line in the sand and the ability to put a fence up is the best.

Former HOA President
TerriS6 (California)
Posts: 3,284
Posted:
There should have been a survey when the subdivision was approved. All you have to do is find it.
JoeN6 (Virginia)
Posts: 94
Posted:
Let me get this straight :

You say you are ready to build , which means you have an approved zoning permit from the AHJ , which , most likely required a site plan showing building setbacks , distance from roads , ( other required features), now you have submitted this to the hoa and they are saying wait , the site plan is not prepared by a registered design professional in the state of tenn? Or you have not applied for permits yet you are waiting for the hoa .?

Whatever , if you can’t wit for the other surveyor , call another , from a larger city .
TerriS6 (California)
Posts: 3,284
Posted:
The subdivision survey should have been recorded with your county.
TimB4 (Tennessee)
Posts: 21,062
Posted:
I do know that some areas of TN have a 6 month to a year wait list for survey work.
BrendaP5 (Tennessee)
Posts: 44
Posted:
Hey I actually found this and my husband said this is what we turned in and used on the last 4 houses but they are now saying it won’t work that I need an individual lot survey
BrendaP5 (Tennessee)
Posts: 44
Posted:
Found it and husband says that’s what he has used on last 4 houses but they want individual lot survey
CathyA3 (Ohio)
Posts: 6,299
Posted:
Is there something different about the new lot? Some lots have restrictions that others don't, meaning more hoops to jump through.

Some associations take a loosey-goosey approach to things and eventually find themselves saddled with expensive issues to correct - so they get serious about enforcement. It happens. Many CC&Rs have language in them stating that failure to enforce any of the provisions in the CC&Rs does not preclude enforcement in the future, meaning that HOAs have the authority to learn from past mistakes and correct their procedures going forward. I personally wouldn't want to own property in an HOA that is committed to a course of action that has caused problems in the past.
BrendaP5 (Tennessee)
Posts: 44
Posted:
Nothing different about lots I went to a board meeting and brought up issues they didn’t like
TerriS6 (California)
Posts: 3,284
Posted:
They can't require more than what your governing documents require.
ValK2 (Tennessee)
Posts: 65
Posted:
Our HOA is one of the "loosey-goosey" types. They enforce what they want to enforce, and other things (even though many are egregiously obvious) they look the other way. Money (and probably politics if you can imagine that in a 100 SFH HOA) may dictate, but who really knows.

It is VERY frustrating, so i can sympathize with you original poster. And this comes from someone who was very supportive of the HOA concept over the years.

Do yourself a favor. Swallow hard. Get them their survey and move on. It only gives you heartburn to try and deal sensibly with a wishy-washy HOA.

As for cost, perhaps you can get with the surveyor who did the macro plats you are using and they can come out and do a quickie for just the lot on which you wish to build. Might help to keep costs down.

BTW, building has just hit a wall here in East Tennessee. Contractors/surveyors et al will start to be more readily available, and prices will start to come down for those that survive the downturn.
BrendaP5 (Tennessee)
Posts: 44
Posted:
I found this and it’s certified Do they have to accept it?There refusing it
BrendaP5 (Tennessee)
Posts: 44
Posted:
I found this and it’s certified Do they have to accept it?There refusing it
BrendaP5 (Tennessee)
Posts: 44
Posted:
I found this and it’s certified Do they have to accept it?There refusing it
BrendaP5 (Tennessee)
Posts: 44
Posted:
I found this and it’s certified Do they have to accept it?There refusing it

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