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WandaM1 (Georgia)
Posts: 2
Posted:
I bought my condo in 1992 with the view of the Atlanta City Skyline and an in-ground dumpster. In 2007 the HOA placed a Recycling Shack at the end of the in-ground dumpster, my view and property values have gone down the drain because the view is a total garbage eyesore with no end. I no longer sit on my deck, entertain company or open my blinds because the garbage view consumes all of my windows; in fact, I have become a hermit within my condo.
I also paid a premium for this condo because of the skyline view of Atlanta, and then approximately 10 years ago the HOA decided to plant 32+ country pine trees behind the in-ground dumpster eliminating my view of the city skyline completely. My view now consists only of garbage from the entire complex (over 300 units). My quality of life view from my condo is unreal!!!
When the pine trees began to take over my view (2005), the HOA's response was that I should have purchased a condo higher.
When I complained to the HOA about the recycling shack they actually informed me that I made a mistake in my purchase of this condo and that they could not do anything for me except plant flowers around the site for beautification. This recycling shack also attracts rats and other critters not to mention the smell. Last year I experienced rat damage to the engine of my car, totaling over $7K.
Complaining to the HOA also brings retaliation and I have had my share.
I always felt that paying HOA Fees (over $45,000 in 17+ years) would maintain my property values in a positive way. Value of the property was $153K but with the economy $119K and with the view $75K. Since selling is not an option, do I have any recourse???
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Wanda,
Welcome to the site. Since this is your first post and I expect you want some action, keep in mind hundreds of folks read this site. I say this because you want to present a plausible issue, as all posters do.
So, I would be remiss if I don't advise you to read some of these posts, understand what a condo is and what an HOA is. They have to be considered for one or the other. Clearly, you are a condo, hopefully you would have some idea of your geverning documents. Few or no condo documents are the same, clearly illustrated by your problems, there will have to be specific items to be addressed. When folks tell you all your problems are the result of what you agreed to when you bought are out is left field, unless they know the specific answers to your concerns.
You have a long hard road ahead if you want to make things better for you. But once you understand that your responsibility is not to see that you get everyone to do what you want, and your real concern here is the common property (that property that is owned by all the owners, you included), you will see that your view is not the issue.
The association runs your condo, that association could include you as a Member of the Board. You, your neighbors, your Board are equal owners, you all have one vote. If you want to address your issues, you have to do that to your representatives. But, wait, they are nothing special, they are just like you. Exactly, they are players in the game and if you want to play you best know the rules. Since they are like you, they learned the rules, I suggest you learn the rules also and stop considering this HOA (sic) you speak of as some kind of foreign takeover company.

Minimum...........take three hours and use the search feature on top right of this page and see past posts that deal with blocked views, unresponsive Boards, any key word that seems to apply. Then read some of the current posts to get a feel for the big picture.

It is highly likely your situation can be improved, especially since this condition probably involves other owners, but you (your responsibility) to find this out. The Board might help, you may have to get involved with your neighbors, you may have to understand your rules, Or you can get mad and hire a lawyer and then you will be suing yourselve (really). Keep posting here as you grow, I sense you may enjoy the fight.
AnnaD2 (Florida)
Posts: 960
Posted:
Wanda, are you the ONLY unit owner who has had their view "trashed"? Do you have immediate neighbors who also see what you see? If so, are they as mad as you are? Or are you the only one who is upset about it?

I for one would applaud them for planting trees. But that's just me.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Then again, it appears it took you over 17 years to figure out this isn't the place for you?

When the Association was going about it's business, doing things like planting pine trees over 10 years ago and putting in a recycling station (which may or may not be required, depending on your area and/or contract with your waste disposal company), next to a garbage bin you already knew you could view from your condo...

I dunno. I'm sensing some disingenuousness here.

It seems you must have had plenty of time and/or opportunity (like when real estate prices were still high) that you could have cut your losses (maybe 8 years ago?) and either moved to a different condo within the same location, or a condo somewhere else.

It's a shame that you spent the last decade sitting by and watching this happen.

Hope it works out for you in the end, though.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Wanda,

I, too, am wondering why it took you 17 years to become so upset about this. However, in speaking of protected views, unless that protection is granted thru your CCRs or some other legal document, it really doesn't exist. What guarantee of protection of the Atlanta skyline view was given you?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
do I have any recourse???

Do you have any recourse from the falling home prices? No. Everyone in America is in the same boat.

If your really this unhappy, I would recommend finding a good renter for your place and moving out. Wait till the market improves and sell it.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Steve,
Your last part of your statement may be true.

The first part, I differ. Most people can't just move on and lost their investment. The recourse is to take a hand and do all you can personally to help keep up property values. Time to joing the action team and get to work.
WandaM1 (Georgia)
Posts: 2
Posted:
Would like to THANK everyone for your response, all have been helpful.
SPECIAL THANKS goes to RobertR1!!!!
After reading your post, I decided to read the declarations of the Community. Wow!! I actually bought something......
Of course the trees may be a lost cause, but the recycle shack (installed 2 years ago) may be going away. I kept a photo log of my view throughout the year and sent the log to my county's tax commissioner, mayor and commissioner.
After reading the declarations I'm now sending that log to the HOA and claiming it as a nuisance. The in-ground dumpster has never been a problem with me; it's nicely disguised because it's down under. However, the Recycling Shack is above ground and it’s a total eyesore. Opening my binds or sitting on my deck with the view of about 15 herbie-curbies (overflowing), toilets, hot water heaters, kitchen appliances and furniture is not pleasant at all and can’t be controlled. Pandora’s Box has been opened for all types of trash, because only bagged garbage was allowed at the dumpster.
Unfortunately, my unit is the only unit affected by this view; two units above me look out into the trees. However, they no longer have the skyline view and I will see the skyline before they do, because county pines trees always lose their bottom branches as they grow taller, I'm beginning to see the city lights again, giving me hope.
I take complete fault for the trees, because I saw those little plants when I had to walk my daughter’s dog, but I was told that the height would be maintain…….should had gotten it in writing because that was an untruth. Trying to do the right thing, I offered to have the trees cut down and was told that I would be fined $200 a tree (32+ trees). Several neighbors offered suggestions on getting rid of the trees, but I don’t want to do something that’s deemed illegal.

Grant you, I didn’t just sit around and watch this happen to my property……I had 2 sons at different universities, one playing football and the other basketball and a 15 year old daughter in high school. I traveled a lot trying to support everyone. Let’s not forget work (single parent), chasing that corporate dream, someone’s got to pay the bills to ensure a roof over my family’s head. Maybe my property values went down the hill, but all kids are now pursuing their dreams and I have retired after 34+ years of working the night shift. Daylight still hurts my eyes and I stay awake at night, someday, I’ll get it right.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Wanda,

I agree you shouldn't have to view such an unsightly mess, but when voicing your objections you might want to think twice about complaining about the lost view of the Atlanta skyline. Unless that is ensured in your CCRs, that is not a protected right. Concentrate on the real problem! Take pictures os the mess to support your position, after all "a picture is worth a thousand words".

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