On Thu, 9 Jun 2005 16:02:11 -0400, "Ted B."
wrote:

So there should be a rule made because HOA's make - too many rules?

??

Banty


Yup. In this case, one helpful law could do away with millions of petty
rules created by control freaks who want to dictate how their neighbors live
their lives on their privately owned property. And before someone states
"but they CHOSE to live in an HOA area", that isn't always the case.
Sometimes HOAs are created against the strenuous objections of landowners
because a simple majority of their neighbors voted on it. Oh, and moving
isn't a practical suggestion, either. How do you know that the area you are
moving into won't EVER have an HOA? The only solution is to make HOAs
illegal, period. -Dave



Might not be their privately owned property. One reason the HOA might
be requiring this is that they found out someone had enclosed
common-area land for their own use. I think it's called "conversion".

The deed for each unit should list in detail whether there is a yard
and if so what size and so on..this is very important. The CC&R
should discuss any fencing issues, if it doesn't and there is no place
else with relevant rules or restrcitions, I'd say the hOA won't have a
fencepost to stand on provided the fence meets applicable codes in
your area.

Now if they are objecting to the fences as fences and those fences
have been there for years, they are pretty much going to be SOL. Now
I'm most definitely not a lawyer but there's a principal called
"laches" in law that requires timely action when there is a known
problem, you can't just notice something and then years later come
along and make someone take it down.

If these folk have not yet closed, I'd give some thought to backing
out as this could turn into something ugly even if you win. You may
have recourse to the prior owner depending on disclousre rules in yoru
state, I'd talk to a condo lawyer for an opinion on the whole mess
before you get too far into it.

One thing an HOA can't do legally is suddenly start enforcing
something like this if they have allowed it to be openly done for
years.

When I became president of our hOA, I found out one unit had enclosed
an upstairs patio many years ago without getting permission..since
they had to modify exterior walls and roof to do this, they should
have and the then board should have dealt with it at the time. But
it's been there for about a decade in full view so as far as I am
concerned it stays, a legal action would be both moot and silly at
this point.

They do have to disclose to future buyers that the addtiion was done
illegally and apparently without permits but that's the homeowner's
problem, not the HOA.

Jim P.

I'm a Heinleinian libertarian, call me a nazi or a socialist and I'll
fly out to your home and shove a copy of Ayn Rand's collected works up
your snout. HOAs are justified as contracts among consenting adults,
you don't like the game, don't sit down at the table and buy chips.