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Jan 23rd, 2013
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Re: Lawyer types [Re: WAWI] #13845526 01/14/21 03:12 AM
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This maybe one of those threads that need's a sticky. I think we need to make sure were are able keep up with this thread, this could go on for a while and be pretty good.

Re: Lawyer types [Re: WAWI] #13845532 01/14/21 03:15 AM
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Originally Posted by WAWI
[Linked Image]

This is my new view from front porch, not 18 feet off side property line, past his front build line and not new material. All deed restriction violations.


[Linked Image]


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Re: Lawyer types [Re: WAWI] #13845535 01/14/21 03:16 AM
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roflmao

Re: Lawyer types [Re: Nickbyrd] #13845538 01/14/21 03:22 AM
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I hate HOA's as well, and find myself running for reelection of the HOA where I live. I have saved the community $20k so far in known expenses and squashed more funds being waisted. There is selective enforcement when it comes to HOA's and if it has been allowed previously they have established a standard, as such enforcing the CCnA or Bylaws differently than what was allowed is something that should be on their mind, but don't volunteer that info to them. Let it go to court. On the flip side... if you go to court and win, the association will have to pay what ever legal and if there is an awarded amount, that as well. The funds that would pay that is the very funds you contribute to. A large settlement would likely make the assessments go up drastically. This can cause issue with neighbors in that while you where correct, now you're getting into their finances and back pockets. It is truly a loose loose type of event.


Originally Posted by Nickbyrd
Originally Posted by Lakhota


On the flip side, HOA officers are often power-hungry nutjobs because sane people don't want the job. My neighborhood has an ongoing dispute right now - legal action has been threatened against us for building an approved lean-to on our shop. The former officers never followed the rules and ran it look a good-old-boys-club, and I tried to ask them to be more fair and unbiased and they labeled me as divisive and inflammatory in front of the whole neighborhood. So now all their buddies have moved on, normal folks have moved in to replace them, and they're the only ones left who have this vendetta against us, and they're making themselves look like a$$es in front of everyone. I'm in the process of trying to contact a lawyer regarding this right now since legal action has been threatened, but I am enjoying that the whole neighborhood has found out for themselves what kind of people these are. Been stressful for my wife and I though - neither of us have ever been in a court room for anything other than jury duty.

If at one time it was approved and now it’s not It’s should be grandfathered in then right ?
Not everybody on hoa boards are like that but some truly are they turn into a giant Karen and then Make it a personal mission to make your life hell. And most of the time ( trust me on this ) talk of legal action is a threat and nothing but . It takes a lot of time money and effort . It basically takes all those resources to just drag you , your lawyer, there lawyer , and the hoa all thru the mud for at least a couple months/years for pretty much nothing . It’s a big waste of resources . So basically it’s a threat there not really willing to back .



Oh you’re so wrong. My HOA filed suit on me and filed foreclosure. I contacted the management company and they said there was nothing that could be done and I had to talk to the lawyer. I contacted the the HOA president and informed the management company that I was requesting a meeting which by law I was allowed to have. We had the meeting where I informed them that their foreclosure was illegal under state law and the said they didn’t know what was going on but it was out of their hands and I had to deal with the lawyer. I advised them that I would answer the court and see them in court which their lawyer didn’t show up so it was tossed. The HOA president saw me before the Kurt date and advised me that they were no longer going to do the foreclosure which I advised it was to late and I would see them in court and that was when their lawyer didn’t show. Now I have to have another meeting with them to remove the Liens since the case was dismissed. I’ll never live in another HOA![/quote]
The only time I’ve ever seen that is when There have been multiple fines and assessments that have been blatantly ignored and not payed over a period of time and have racked up to a significant amount of money at which point we called the lawyer and he does his thing and puts a lien on the property . But it’s my understanding that it’s a pain in the arse ( for the lawyer and hoa)to actually forclose on the property when the property owner is living there and actively trying to fight everything .

I’ve only seen properties forclosed on that were basically abandoned and there was no one really to argue with . But then again we only have x amount of dollars in the budget every year to deal with these situations [/quote]



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Re: Lawyer types [Re: WAWI] #13845567 01/14/21 03:50 AM
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Lakhota Offline
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The only time I’ve ever seen that is when There have been multiple fines and assessments that have been blatantly ignored and not payed over a period of time and have racked up to a significant amount of money at which point we called the lawyer and he does his thing and puts a lien on the property . But it’s my understanding that it’s a pain in the arse ( for the lawyer and hoa)to actually forclose on the property when the property owner is living there and actively trying to fight everything .

I’ve only seen properties forclosed on that were basically abandoned and there was no one really to argue with . But then again we only have x amount of dollars in the budget every year to deal with these situations

In the state of Texas a home can not be foreclosed on by a HOA for fines and or lawyers fees they can only foreclose on a home when the HOA dues are not paid. They can however place a lien on the home for the fines and the HOA’s can foreclose on your home quicker than the mortgage lender.

Also I the state ofTexas when the HOA changes management companies the new management company has 30 days to file the new contract with the county and if they miss that date all liens become void.

Re: Lawyer types [Re: WAWI] #13845576 01/14/21 04:09 AM
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I see a big [censored] privacy fence in your future


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Re: Lawyer types [Re: WAWI] #13845626 01/14/21 05:37 AM
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With lots of turrets. Turrets are bad-A. Every fence should have at least two.


[Linked Image]
Re: Lawyer types [Re: WAWI] #13845631 01/14/21 05:53 AM
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in America if you buy the land you own the land
KMA buddy
nice container

Re: Lawyer types [Re: WAWI] #13845641 01/14/21 07:23 AM
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Have you spoken to or introduced yourself to the neighbor, particularly the landowner?

That looks like a container. Maybe they have some sort of project going on and need to store stuff?

Amazing what might be accomplished with a polite conversation.

But I understand your contempt with it blocking your beautiful view. Is that a Bermuda or St. Augustine lawn?

laugh

Re: Lawyer types [Re: WAWI] #13845704 01/14/21 12:22 PM
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Oh, one other note on covenants & restrictions in general. You need to look at the deed restrictions and see who they are between. If they're strictly an agreement between the grantor & grantee of the land, then third parties like neighbors may not have any standing to get involved.


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Re: Lawyer types [Re: WAWI] #13845706 01/14/21 12:30 PM
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You sure it's not just a conex they are using while they build? Maybe a contractors box or a place to store house stuff while they build?

Re: Lawyer types [Re: WAWI] #13845733 01/14/21 01:04 PM
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Sounds like it’s overdue that you bake some brownies and take over a six pack to introduce yourself.
Take an extra printed set of directions to the nearest boat ramp with you just in case.


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Re: Lawyer types [Re: WAWI] #13845738 01/14/21 01:07 PM
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Plant some evergreen bushes/shrubs on your side of the fence blocking the view of the structure. I’ve tried to get deed restrictions enforced at the county level in the past. Their enforcement seemed to be of little concern to everyone but me. The shrubs will grow into an effective barrier in a few years—long before any restrictions are enforced—if they ever are in the first place.

Re: Lawyer types [Re: the skipper] #13845739 01/14/21 01:08 PM
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Originally Posted by the skipper
You sure it's not just a conex they are using while they build? Maybe a contractors box or a place to store house stuff while they build?


That was my thought last week that they must be remodeling. I did a drive by yesterday and there is a nice easy access area of their lot that I would think a builder would have used. They worked to put it where they did. I have read through 2 sets of restrictions and every filed amendment, metal is specifically prohibited, roofs must be composite. They seem to have good restrictions it's just a matter of enforcement. I'm not the storage building nazi. They could have put something like stained wood etc there and positioned it by the rules and it wouldn't bother me nor would it be very visible. A 40 foot white shipping container ain't gonna work. I'll push as hard as I need to push to get it gone.

Re: Lawyer types [Re: squib] #13845740 01/14/21 01:10 PM
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Originally Posted by squib
Plant some evergreen bushes/shrubs on your side of the fence blocking the view of the structure. I’ve tried to get deed restrictions enforced at the county level in the past. Their enforcement seemed to be of little concern to everyone but me. The shrubs will grow into an effective barrier in a few years—long before any restrictions are enforced—if they ever are in the first place.


Shrubs and trees will happen, fence cant because we dont allow wood fences and its past the front build line of my house. With the elevation of my house compared to theirs blocking it wont be easy

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