does hoa stll exist

Started by LisaB16 • 2 replies • 1321 views

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LisaB16 (West Virginia)
Posts: 1

Posted:

I live in a village and there is no president or meeting for over 18 years or more does the hoa bylaws still rule were I live. because I want to put up a fence because her bushes are on my property and they scare my cars and Iask her to trim them back and she refused so I TRIMED the bushes back andshe having a fide now she trying to use the bylaws to keep me from putting up my fence.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Lisa,

I would be surprised that property restrictions are contained in the bylaws; they are more than likely in the covenants. If the deed to your property states there are deed restrictions, then those restriction apply whether there is an HOA or not. When there is no HOA then each property owner has the right to enforce the restrictions through small claims court. If the covenants (bylaws) state there shall be no fences then, legally speaking, you cannot build a fence. In most jurisdictions a property owner has the right to trim neighbors' vegetation which encroaches upon his property. However, you can only trim what is hanging over the property line. You may want to check on this with your city/co b/4 trimming them, but I do think you will find that you have that right.

It's a shame you and your neighbor cannot get along; both of your lives would be more pleasant. . .

JackS4 (Missouri)
Posts: 8

Posted:

This is my first posting to this forum so I'm not quite sure of the protocol. I hope I haven't intruded.

The bush situation also might be considered a "private nuisance." I'm not an attorney but I did a bit of internet research on a related situation. In this case, a private nuisance could be defined as something one property owner does which interferes with another property owner's use of his own property. The offended property owner can get a court order to stop the offenders' act. In some cases, the offended owner can act on his own to stop the offense. That's called abatement but the person acting to abate the offense must be careful he's not acting unreasonably. In this case, trimming the bushes does not seem unreasonable to me. It could cause expensive damage to auto finishes.

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