I have really upset the HOA

Started by BrendaP5 • 15 replies • 333 views

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BrendaP5 (Tennessee)
Posts: 44

Posted:

Hired an attorney who sent demand letter for directory.They published a directory and they denied me one stated u had to live in there but we own 4 lots and pay dues.Then they told me when they deny a building permit they don’t have to do it in writing and my lawyer requested it.Oh lawd ther iller than hornets!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well did you read your bylaws CCR or articles? Are you willing to pay for a copy? They may not be free to provide for the directory.

Former HOA President

BrendaP5 (Tennessee)
Posts: 44

Posted:

There’s a neighborhood bank that prints them for free but yes I offered to pay.I don’t expect anything for free.As stated they said we had to live in the community but we own 4 lots in there .

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Some HOAs focus on residential status. They believe those who live there most of the time hold value versus someone who does not. Owning lots is not equal to owning a home to them. Unless you are in a POA your are dealing with a homeowners association not just property.

Former HOA President

BrendaP5 (Tennessee)
Posts: 44

Posted:

Whew !U scared me for a minute.It is a POA and surely the lawyer wouldn’t have sent the letter without knowing.Was told house didn’t matter.We actually own more share owning 4 lots

DeanJ
Posts: 1,786

Posted:

If they deny a building permit, wouldn’t that denial be in the minutes? If so, it is in writing.

DeanJ
Posts: 1,786

Posted:

If they deny a building permit, wouldn’t that denial be in the minutes? If so, it is in writing.

KerryL1 (California)
Posts: 14,550

Posted:

In my area only the municipality authorizes "building permits," NOT the HOA. are you saying, Brenda, that the HOA or its ARC, doesn't like your building plans?

BrendaP5 (Tennessee)
Posts: 44

Posted:

My husband had built 4 houses and never had an issue.I went to a board meeting and spoke my concerns and then the aecc denied his building plans but when I ask for that in writing they stated it wasn’t denied.Done that twice so I ask for everything in writing and when it was being denied to state the reason

BrendaP5 (Tennessee)
Posts: 44

Posted:

Our aecc board don’t have minutes.Just a group gathering

KerryL1 (California)
Posts: 14,550

Posted:

In CA, Board have to give a reason for denying ARC plans. Is there no such requirement in TN?

BrendaP5 (Tennessee)
Posts: 44

Posted:

Quote:

Posted By KerryL1 on 02/09/2024 7:23 PM
In CA, Board have to give a reason for denying ARC plans. Is there no such requirement in TN?

Yes That’s why the attorney requested they put denials in writing and state reasons for denial

TimB4 (Tennessee)
Posts: 21,059

Posted:

In TN HOAs, there is no specific HOA statute. Therefore, it all depends on what is in the governing documents.

In my Association, we are forced to provide a written denial because our documents specify if a request is not approved/denied within 21 days, the request is automatically approved.

BrendaP5 (Tennessee)
Posts: 44

Posted:

Quote:

Posted By TimB4 on 02/10/2024 5:33 AM
In TN HOAs, there is no specific HOA statute. Therefore, it all depends on what is in the governing documents.

In my Association, we are forced to provide a written denial because our documents specify if a request is not approved/denied within 21 days, the request is automatically approved.

Thanks ours states they have 45 days but they verbally told us it was denied then when I ask for it in writing said that wasn’t so.They denied one verbally at an aecc meeting we went to because of a survey .We had a survey but they was denying it so after I got home they said it was never denied after I ask for it in writing and go state reason.We had already had them resurveyed so yes I was upset.I need denials in writing and reasons for denial because of these people

TimB4 (Tennessee)
Posts: 21,059

Posted:

Brenda,

As you know, and your board needs to learn, if there isn't documentation - it never happened - or it's a case of we said, you said.

Unfortunately, it appears you are past the "more flies with honey" advice I would give.
You may simply have to use legalities on them until they learn.

The advice I have, everything you submit in the future include something along the following:

Thank you for considering our plans.
You will find that they are in compliance with the governing documents.
In accordance with those documents, Article a, section b, of the document, if we do not receive a written response by mm/dd/yyyy, we will consider the plans approved.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By BrendaP5 on 02/09/2024 1:10 PM
Hired an attorney who sent demand letter for directory.

Hired a lawyer? Why? Just look up the road in your town assessor database and you will have every name, address, etc. Its free. You don't need a lawyer to do very simple things.

PS. You could also simply ask a neighbor who lives there if you could simply borrow a copy.

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