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SC
(Georgia)
Posts:38
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| 08/21/2007 6:00 PM |
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A family installed a playset in our neighborhood over 1 1/2 years ago. They requested the playset. The Pres. of the Board verbally told the homeowner that a playset is considered a structure and is therefore not allowed in the neighborhood. When the homeowner pointed out that the covenants allowed a playset as long as it was screened from view, the Pres. backpeddled and said to put it in writing. (The covenants also state a homeowner may put in a screening fence or wall.)
The family requested the playset in writing, offering to either put in a wooden fence or additional landscaping. (The neighborhood only has one fence out of 99 homes and is mostly sectioned by landscaping.) The board approved the playset in writing with the condition that three 10 ft trees and two 6 ft trees be planted to screen the view from neighboring homes. The board approved the layout and even indicated where to dig for each hole. After the family planted the trees, they received a letter stating that they had complied with the board's request and could install the playset.
Nothing happened for 3 months. The family planted four more 12 ft trees on their own.
Three months later, one board member verbally tells the family that, although the playset was screened by a 6 ft juniper, a portion of the roof could be seen from the street, and asked the family to plant another tree. A second board member told them they were fine since they had the letter. As a result, the family did not plant one. They were upset that the board said nothing until after they had voluntarily planted 4 additional trees.
Three months later, the new Board president phones the family to tell them they're out of compliance because the roof of the playset can be seen from the street and demands that the family plant one. The family declines.
Six months later, the compliance committee board member verbally asks the family if they will just allow the juniper to grow out and not trim it. The family says "no problem". The juniper has grown another 18 inches to 7 ft.
Six months later, the same compliance committee board member verbally asks the family if they will plant two more short plants to help hide the bottom of the playset. The family agrees and plants two more plants.
Last board meeting, the compliance committee board member brought it up again stating you could still see "parts" of it from the street.
Once the board approves a request, can they keep coming back and demanding more and more? None of it in writing? I'm concerned that not only is this harrassment, but a possible Fair Housing complaint. Any comments?
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LarryM3
(California)
Posts:31
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| 08/21/2007 7:47 PM |
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SC,
Every thing needs to be in writing. But first of all...The board members need to get together and stop doing arbitary needling.
Once the BOD sets the rules thats it. You can't keep adding, once it is signed off you are done. It looks as though this BOD were able to see the play set so they kept adding conditions to cover their own you know what.
All communication from the BOD should come from one source, not second guessing everything and everybody.
I am done ! Have a great evening.
Larry |
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Jadedone4
(Virginia)
Posts:495
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| 08/21/2007 10:29 PM |
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SC, I agree with Larry on this... the owner sought permission from the HOA, complied with HOA's requirements to build, and now the rules are changed by the HOA.
If the owner built as per plan submitted to HOA, then the matter should be closed. The HOA cannot now go back (and forth) on different sets of "rules" weekly on this matter.
This is why communication and rules/regulations are so important to an HOA's management. |
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JoeW1
(New York)
Posts:728
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| 08/22/2007 5:55 AM |
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| SC - By the time all is said and done the kids will have outgrown the playset, or the family will have moved. Ridiculous. Are these trees deciduous, do they drop their leaves? If so, what happens then? Is the cc&r suddenly not in compliance? |
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BradP
(Kansas)
Posts:1742
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| 08/22/2007 7:36 AM |
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SC, all the board is doing is harassing homeowners who went about it the right way. There is nothing they can do, as long as they keep the documentation from the original board.
If I were the homeowner and had a lawyer friend I would ask them to send a Cease and Desist letter to the Board on that issue and to stop harassing them. |
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SC
(Georgia)
Posts:38
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| 08/22/2007 7:49 AM |
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| Thanks for all of your input. That's what I thought. |
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RonaldW
(South Carolina)
Posts:900
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| 08/23/2007 5:18 PM |
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Posted By SC on 08/21/2007 6:00 PM
........... Once the board approves a request, can they keep coming back and demanding more and more?
In a word, "No".
Not unless something has changed (like a modification to the play set).
I would suggest that the family write a letter to the association (with a copy of the original approval) stating that they have complied with the requirements and that they consider the matter closed.
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Ron
SC |
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