Posted By RonaldW on 03/16/2007 4:35 AM
[quote]Posted By CharlesW1 on 03/16/2007 4:23 AM
... If I were that homeowner, I would personally âsue the pants off the boardâ for fining me for having a BBQ Grill and classifying it as âyard artâ ..............
Why is it that everyone claims they will âsue the pants off the boardâ when they feel a covenant is unjust or they dissagree with it? The covenants are in place when you purchase the property and you are agreeing to follow them when you make your purchase. Why not just follow the rules by making an application for whatever it is you want to build or change?
An as for the phrase "âsue the pants off the boardâ, at best you will get legal permission to do what you were fined for, return of the fine, and legal expenses. How can that be âsuing the pants off the boardâ? And remember, as a member of the HOA, you will be sharing the cost of the judgement against the HOA along with your neighbors and former friends.
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RonaldW,
I can tell we arenât going to see eye to eye on this one. Iâm not disagreeing with you, in the fact that the CC&R, by-laws, rules and regulations all need to be enforce equally. What I disagree with you about is the fact that the board is having the soul discretion to determine, whether this is consider âyard artâ and whether they should be receive a violation letter.
That is where I have the probably! You are correct, they did purchase into the community and yes they did agree to follow the CC&R, by-laws , rules and regulations of the community, but I donât believe that they would ever agree to something like this (Grill as âyard artâ) I just feel that it would be a bit absurd for a board to issue a violation letter to a homeowner for classifying a Grill as âyard artâ PERIOD
Now because itâs secured to the fence, I would think this would could possible be a problem. Although, how long has is been that way? Is this his first season having it attached to his fence? What if he installed it several seasons ago and this is the first season he has heard that the board has ever said it was a violation.
He may have a case there.
Besides the fact that it is secured to the fence isnât typical. The fact that it can be viewed from the road, doesnât really âhold all that much waterâ
I know many homeowners that leave their gill in their garage and pull it out to cook and then let it cool down before putting it away, while itâs out (in the driveway) would this be considers âyard artâ?
Personally, I would (as a board member of my community) talk to this homeowner first and foremost. I would find out the reason why he has chosen to affix his B grill to the fence (in view from the road). I would advice him that he has been found in violation of the CC&R (âyard art" classifications) and âdig a little deeperâ give him adequate time to comply of else be subjected to a fine.
As far as âsue the pants off the boardâ Because more times then not, you will get results. I fully understand that when âifâ I were to sue the board (volunteer board), I would be potentially suing myself and my neighbors, I get that!
If all I was going to get out of it was the opportunity to keep the grill where it was, that would be well worth it to me.
Chuck W.