quote:

Originally posted by Playhouse:
I think there is a vital point that needs to be made. These rules and covenants are in most cases very poorly written. There is a lot of intrepration involved. For example, the restriction that there are no outbuildings allowed. It would have never ocurred to me that a child's playhouse, which is sold next to swing sets, would be treated as an outbuilding. I thought of it as no different than a swing set, trampoline or a plastic playhouse which there are many in our neighborhood.

In our case we were shocked that our daughter's playhouse would be against the covenants. It is not always a matter of people claiming ignorance but one person's interpretation of the rules versus another. Some rules are very clear and easy to interpret. However, if you ask two different attorneys you will get two very different answers on wht it takes to change the rules.

Here you have to get proxies. Nobody who has not paid their dues can vote. You have to have a certain percent of HomeOwners sign the proxies in agreement with what you want. You then have to draw up a plan aka blueprint. Turn it in with your proxies to the HOA board. If it's something you can get a picture of then take a picture as well. They will decide if you can or can not within a certain amount of time.
Even if you want to put a bush in your flower bed you are supposed to do this,however they pretty much have left it for bigger projects like add-ons,big trucks,campers,boats,fences,pools,decks....

The fences and pools have already been discussed and followed up on. Don't need permission for those or pools. Can only have 4 foot to 6 foot. It has to be stained wood,everything has to match,or you can use more expensive fencing. No chainlinks,.... The pools can be whatever as long as there's a fence around the pool,locks on it,ladder tucked in when not in use,and a Private Property type sign on the fence. We were even reminded to check with our Insurance companies to make sure they will even cover you having a pool. I don't have gripes as for what you can and can not do here. I have gripes about the LACK of funds to get things we need done around here done.

MJ: I think you need to lay of the caffeine or the meds. Some of your posts make NO sense whatsoever. They may in YOUR mind, but not in print. That chip on your shoulder is pretty huge, too. We are neither enemies nor antagonists. While you may have "lived there for 5 years," OTHER people reading these posts may or may not understand the process.

And it's highly unlikely that Dominion can retain the board for 30 years. The CC&Rs are generally written with them being in effect for that sort of time frame, but NOT the developer's control over the Association. As the developer, after a certain percentage of the homes are built then they have to turn it over to the homeowners to manage. It's generally specificied in the Association's By-laws. You can look them up online in most cases.

I would like to see the portion of the by-laws or CC&Rs that address that issue. What is the legal name of your Homeowners Association? It would not be Dominion, but whatever name they incorporated the Homeowners Association under.

Regarding PLAYHOUSES: why would you not think that an enclosed structure with a roof would not be a "building" (hence an "out" building if not attached to the main structure), regardless of its size?

MOST CC&Rs don't apply to the temporary portable playhouses that can be moved around on the property, the ones made of Fisher-Price-style plastic. But if it is a permanent structure, with a floor, walls, and a roof, then it is an "outbuilding."

Homeowners Associations CAN be overly burdensome at times. However, if you were given a copy of the covenants and deed restrictions prior to your purchase you had an opportunity to read them, and either agree with them and purchase the home or property, or disagree with them and find somewhere else to live or build. If you had questions this was the time to ask them. If you were not given a copy, your complaint (and possible legal action) needs to be with the realtor who represented you in the purchase. Covenants and Deed Restrictions are put into place to protect property values and prevent someone's lack of maintaining their property causing the deterioration of the neighborhood to the extent that other properties lose value, or constructing something on their property that, in the opinion of the individuals drafting the C&R, would have an adverse effect on other property in the development. A situation even worse is where there are covenants and restrictions and the Association does not enforce them.

When I first saw this story last night I laughed thinking this guy was just foolish. I saw it again today and realize he's just arrogant. Did he just get those kids and dogs, or did he intend to defy the rules from the get go?
This has nothing to do with who is paying his his mortgage, how much he financed, which institution it's through or what interest rate he's paying. Before he even set up his mortgage on that house, he knew what the rules were. If he didn't like it, he should have bought elsewhere. Plenty of places allow six foot fences.
I pay for the highways through taxes and I think I'll "take a survey" if it's okay for me to drive over the posted speed limit Monday mornings when I tend to be a little late getting off to work. If I get a consensus that it's okay, I'll be sure to tell the officer that when he pulls me over. I'm sure that would get me out of a ticket.
Sheesh!

quote:

Originally posted by *~*M*J*~*:

quote:

Originally posted by DawnB:
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.

I don't need you to explain. I've lived here for 5 years.

You may need someone to help you read and understand the rules, if you think you can do what you want. Maybe you just need a good realtor and the directions to the closest trailer park.