quote:

Originally posted by nhtagmember:
If they bought the property the HOA no longer controls it. The homeowners have a right to use the property they own.

HOA's will always have some degree of control over what you do with your property .That's the whole reason they exist .

Yes, they can use THEIR PROPERTY. Not common green space. It's squatting.

The way I read it is they built/encroached on common ground, this is land owned by the homeowners through the association for common use, it is not property owned by the individual plot owner.

HOA isn't the problem here from the OP statements, it's the homeowners.

Since they built on common property they don’t own, that must mean those items are open for all to use. Go enjoy the pool and patios/grills the neighbors built for everybody!

Call planning and zoning. If it wasn't properly permitted, they will probably require it to be ripped out, and the HOA won't have to do the suing.

Our community has an HOA. I was a Board member/secretary for a few years, but didn’t run for reelection a couple years ago. We live in a beautiful place, well outside the city limits with well-defined covenants, but…the covenants weren’t drawn up with any enforcement tools. I know there are horror stories about HOA boards that really abuse their power and authority, but this is the other extreme. A handful of residents, knowing there is little the HOA can do, ignore the covenants. A major one is campers, boats etc. they aren’t supposed to be sitting outside from November to May. Many, many residents have built large barns to store 5th wheel campers, rather than take them to a storage yard. It’s in the covenants that they agreed to when they bought their house or property, but there are half-a-dozen campers sitting out.

Never understood why people who don't want to follow the rules of the HOA buy property in an HOA deeded development, then bitch about it, never get involved and flaunt the rules with a FU attitude.

Plenty of land out there, if you want to park you boat, 5th wheel, and have cars on blocks then go get a couple of acres in the woods.

Ours is small 66 homes, the biggest issue we have is one person who continues to park her car in the lawn 1/2 way and several who haven't replaced mulch after the floor a year ago that took most mulch down the road.

Other than that the HOA runs properly, and we've kept 5th wheels and boats from being stored outside at home, several have tried, one even tried to hide it in the back yard. Seriously, if you do that you know it's not allowed and you're just being a dick about it...

Sounds like a typical HOA to me, useless.

I’m on the board of our HOA in the golf capital of the US.
We currently have two owners who think they are above the laws and regulations..

The first one (a doc) applied to put in a hot tub and a fence that went beyond the minimum set back lines of his lot…fast forward a few weeks and we get a call from another owner who was playing golf on one of our courses asking why this fence was so close to the fairway… Certified letter sent and after 30 days a $100/ day fine.

The second one is a retired SF officer and apparently is used to getting his way. Without permission he basically cleared his whole lot which is a BFD around here as pine trees are protected… I met with him and told him that he had to replant 50 trees and that he has 30 days until, the $100/ day fines start. He said We’ll see about that!” and stormed off. One of his neighbors were so upset that he flew a drone and took overhead pictures and sent it to us as it was underway.

We have about 900 homes in our S/D so sometimes things can slip by…but we usually catch them.

quote:

Originally posted by Fredward:
it looks like several owners conspired to move the fence at once, all adjoining houses. Over a weekend, they moved a 6 foot fence to contain the greenbelt.

Wondering what the KY statutes are, on conspiracy to commit fraud over $1,000.....

Malicious and willful would bug me. Most people buy into an HOA expecting everyone to obey the rules and keep their house in good shape. Problem I have ran into is HOA’s stray from that into big time nanny mode depending on the board makeup. Not uncommon at all.

My current HOA has my house, one of my sisters, and my mother’s house. The new management company wanted to make a splash and basically papered the neighborhood with compliance notices. I didn’t get one but my mom and sister did. I do moms “stuff” and help my sister so I came over and was very surprised at the notices. My moms was nonsense and my sisters was that the manager feels the chimney cap (yes the top cover of a fireplace chimney) should be scrubbed regularly. Ie, no soot, carbon, or blackening of the metal cap. I was like, what?

My sister ended up paying a guy to go up there and pressure wash what was already a pretty clean chimney.

Make no doubt, there are asshole homeowners but the angst against out of control HOA’s is real as well.

My last HOA was a nightmare as well. It is why my wife became a board member. You can make HOA’s reasonable but it takes involvement which is easier said than done.

This example of homeowners it seems clear where the fault lies.

quote:

Now the HOA has notified the owners that they must move their shit back to the property they own. They have refused. Now this has to go to litigation.

Make the poachers pay for the legal fees too.

I have to think these homeowners are going to take it in the shorts. Not quite sure what they were thinking.