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His fines unable to put well on property no city water

Started by BrendaP5 • 13 replies • 135 views

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BrendaP5
Posts: 44
Posted:
We on a lot that has hoa but everyone in community has well water.There is no city water and never will be.We bought a lot paid for septic permit and had well drilled.Well is only producing 2 gallons per minute so we don’t want to build on it.Well could pay for another septic permit to see if house can be moved and have another well drilled but no guarantees we will hit water.We also have house site cream so we have money tied up in it.The hoa only gives u a year to build and if your not actively working on it there won’t be any extension.They act like they are going to fine us for not building.Is this possible?I read that everyone has to have water access
TimB4
Posts: 20,986
Posted:
Explain the issue, the well doesn't produce enough water so you are withdrawing your request to build at this time.

Remove all building material and regrade (if needed) to have the lot look presentable.
BrendaP5
Posts: 44
Posted:
No building materials on the lot yet and the lot looks very presentable.Your not suppose to clear the lot without building in a year and clearly we can’t build
DeanJ
Posts: 1,789
Posted:
Quote:
Posted By BrendaP5 on 07/17/2025 11:24 AM
We on a lot that has hoa but everyone in community has well water.There is no city water and never will be.We bought a lot paid for septic permit and had well drilled.Well is only producing 2 gallons per minute so we don’t want to build on it.Well could pay for another septic permit to see if house can be moved and have another well drilled but no guarantees we will hit water.We also have house site cream so we have money tied up in it.The hoa only gives u a year to build and if your not actively working on it there won’t be any extension.They act like they are going to fine us for not building.Is this possible?I read that everyone has to have water access

There is the option of a cistern.
BrendaP5
Posts: 44
Posted:
I can’t imagine building a house on this lot to sell with a cistern.Probably wouldn’t pass county codes or financing.
DeanJ
Posts: 1,789
Posted:
Quote:
Posted By BrendaP5 on 07/17/2025 5:03 PM
I can’t imagine building a house on this lot to sell with a cistern.Probably wouldn’t pass county codes or financing.

You may no be able to imagine it, but in many parts of the US it is common.
TerriS6
Posts: 3,265
Posted:
How big is your parcel? If you have 2gpm, I’m guessing your neighbors get similar production. Does local govt have any aquifer maps? Nobody living in the country is ashamed of water tanks. First thing we did was put in 5000gal tank. Well was 8gpm. We never run out of water. Big house plus rental plus 2 orchards. Hoa better allow tanks.
TerriS6
Posts: 3,265
Posted:
You could ask for a variance to extend building period.
DeanJ
Posts: 1,789
Posted:
Quote:
Posted By BrendaP5 on 07/17/2025 5:03 PM
I can’t imagine building a house on this lot to sell with a cistern.Probably wouldn’t pass county codes or financing.

It sounds like you are a commercial home builder. Before you purchased this lot, it was your responsibility to know the building requirements of the HOA and plan accordingly.

In my HOA, a builder was required to complete construction within 1 year. The time starts once the first permit is pulled and the board cannot extend because it is a declaration restriction. The time starts once the first permit is pulled.

You might be able to form a separate LLC, transfer to tbe new LLC and legally the lot has a new owner who has not pulled any building permits.

BrendaP5
Posts: 44
Posted:
We do build to sell and we did know the year time frame but there’s one person that’s literally been building for 4 years and 1 for 3 years.They say they can give extensions to people that’s actively working in there house.Obviously the 2 people vacation and work rarely.One is like a hostpital that shouldn’t have been approved for a year in the first place.While we did get permits and knew the timeframe we DId not dream of only hitting 2 gps on a well or we wouldn’t e bought it.We have about 30.000 just sunk at this point
TerriS6
Posts: 3,265
Posted:
If the HOA doesn’t abide by its own rules they would probably not succeed trying to enforce them on you.
DeanJ
Posts: 1,789
Posted:
Quote:
Posted By BrendaP5 on 07/24/2025 8:03 AM
We do build to sell and we did know the year time frame but there’s one person that’s literally been building for 4 years and 1 for 3 years.They say they can give extensions to people that’s actively working in there house.Obviously the 2 people vacation and work rarely.One is like a hostpital that shouldn’t have been approved for a year in the first place.While we did get permits and knew the timeframe we DId not dream of only hitting 2 gps on a well or we wouldn’t e bought it.We have about 30.000 just sunk at this point

I think you need an attorney to send a letter to the HOA requesting an extension.
BrendaP5
Posts: 44
Posted:
Great idea,I will check into this.They act like they won’t give him an extension because he has not been actively working on it but at this point we’re just unsure what we want to do.
BrendaP5
Posts: 44
Posted:
There’s several rules that they don’t abide by and try to enforce They act like the others got extensions because there actively working on there house and we are not.

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