One of the biggest problems we have here are renters. Too many "We buy houses" owners and they don't care.

Neighborhood Association covenants are created by the developer, not the Association Board. It is simply their jobs as volunteers to uphold those rules. Each and every homeowner within a neighborhood with these rules are informed of them whether by their builder or by the previous owner within the disclosures before the purchase is made. Just because you claim ignorance, does not mean that you are exempt from them.

The gentleman with the six foot fence was told that he did not have permission according to the covenants and just because the majority of his neighbors that he spoke with are OK with it does not give him the right to put it up. If he or anyone else within a neighborhood does not like the rules, then they either should not have moved to that neighborhood in the first place or should move, plain and simple.

This message has been edited. Last edited by: DawnB,

MJ:

The point is, it doesn't matter if the neighbors say "doesn't bother me" because the deed covenants say otherwise. Please look up the definition for "covenant."

Those neighbors may not always be the same. People come and go all the time. And if one person has a structure up that is blatantly against what the covenants dictate can be there, then others will figure they can, too, then everyone is getting signatures and no one is actually following the DEED RESTRICTIONS.

They are just as binding as ZONING REGULATIONS. Let's say someone wanted to start a dental business in a neighborhood that Zoning specifically designates as residential only, no commercial. Let's say the DMD gets siggies from 94% of the neighbors that say, "okay by me." Can the Dentist hang out his shingle?! NO!

If he wants to do something against the Zoning, he would need to move to get either the Zoning changed or obtain a conditional use permit.

The same thing applies to a set of Deed Conditions, Covenants, and Restrictions.

If a homeowner wants to put up a structure that is forbidden by the Deed Restrictions, his ONLY recourse it to get the Deed Restrictions AMENDED to allow the structure he wants.

All homeowners associations have by-laws or deed restrictions that address the proper way to get the restrictions amended. In MOST cases it requires a certain percentage of all voting residents to approve the amendment. That number can vary anywhere from 51% to 75% to as high as 91%. Only the governing documents for that particular development can specify what that number needed for the amend is to be.

So if this fella REALLY wants his fence and is not just trying to do whatever the heck he wants, then the PROPER way to address it is to get the Deed Restrictions AMENDED to allow 6-foot fences.

How hard is that to figure out?

This reply is also addressed to MJ:

The renters still have to follow the deed conditions, covenants, and restrictions.

If they do not, then the owner is notified and he or she is responsibile for whatever penalties will apply, so it would be in the landlord's best interest to make sure his renters adhere to the deed restrictions.

Also, if you don't think your governing board is doing enough to enforce the restrictions, if you want to protect your investment then you should step forward and volunteer to be a member of the board. In that way you can see to it that the enforcement policies are consistent, timely and fair and your investment in your property is protected.

In our 275-resident community, we have maybe 5 residents who consistently receive notices to comply with one restriction or another. The other 270 residents have no problem adhereing to the restrictions that are there for the benefit of them.

The board members have had to bring a litigation against a resident only once in the last 10 years, and that was for illegal dog run, illegal kennel operation and nuisance (3 loud, noisy, and aggressive dogs that he was breeding. Our regulations -- and county ordinance for that matter -- do not allow unlicensed breeding). The homeowners association won and the resident had to remove the dog run and get rid of his dogs.

quote:

Originally posted by *~*M*J*~*:
OMG! You've so got to be jigglin' joking???

He polled every available neighbor -- going to minion Homes is actually going to sue anyone????

Why I understand the man's plight, I think he's going to come up short if he tries to fight this. Any poll or petition he got signed by most of his neighbors doesn't matter one little bit. He agreed to abide by the rules of his neighborhood (the home owner's association). He most likely got a copy of these rules when he bought his property.

The best advice I can give to perspective home owner's out there is to read HOA rules very, very carefully and realize that HOA operation can change dramatically with the election of a new president or board. HOA's can serve to protect you home's value but they can also wreck havoc with you home tranquility.