Need HOA experts and legal advise

Started by YolandaW • 5 replies • 1925 views

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YolandaW (Georgia)
Posts: 11

Posted:

In our subdivision it states that the mailboxes are suppose to be metal post with housing number in design format on top. And that all mailboxes are to be uniformed in design with no deviation basically. Well the builder within our subdivision erected a home with brick columns and mailbox within those columns.
The vice president of the board and the secretary immediately upon seeing this drafted a letter stating the violation and delivered it to the builder closing attorney and the realtor. Well the home closed and the reason being is that the builder erected the brick columns the day before and the board was away on vacation. Well the homeowners are in the home and were just informed that the builder was sent notification as well as all the other parties involved. The uproar in the community is that those columns have to come down. My question is the builder still liable as well as the realtor who new that it was a violation. the home was ready and complete 3 weeks prior but he chose to erect the columns the day before the closing which the HOA was not aware of it until that afternoon when they came home from work. I gues my question is what actions can the HOA take. They want the columns removed.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

YolandaW,

Tread very carefully on this one because there may be no deviation, or a deviation the developer has the power to construct.

Basically, it comes down to consistency of the style of home. I'm not imposing my personal belief upon your HOA but my personal feeling is that styles that vary but that are consistent to the type of home, in my opinion make for a more attractive and unique community. Otherwise, I believe things start to look cookie cutter and monotonous.

My first question to the builder would be are all future construction of mailboxes of brick homes going to be within brick columns?

In that event all mailboxes of that style home will be "uniform in design with no deviation."

Also, look for a provision in your governing documents that gives the builder the power to reasonably deviate from the design plans during different phases of construction.

Best of success!!
GeraldT1

YolandaW (Georgia)
Posts: 11

Posted:

Regarding the deviation the homes styles are different there is not to many of the same style homes within the subdivision. As for building lots there are only 8 Lots left.

The developer when the subdivision first opened he made one of the other builders tear down the brick mailbox. and also as an FYI the president of the company developer) past away last year and the subdivision was turned over to the HOA.

This is specifically for the Columns with the mailbox in it. Personally I think it looks awesome but it seems to be a violation. Which from confirmation they buyers had no idea of this.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

YolandaW,

It is a deviation if it is the only one. Again, check the gov. docs. to see if power of deviation exists. Now the HOA is in control of the subdivision, the HOA should be able to excersise all the powers the developer had.

Curious, who's paying the taxes on the 8 lots left?

GeraldT1

YolandaW (Georgia)
Posts: 11

Posted:

I am sorry I mis spoke yes it is a deviation and the developer is not the builder and the president of the developing company passed away. He specifically did not allow it and made another builder remove it and penalized the builder and also made the builder compensate the homeowner for suffering. If he was around this would not be going on. The president is not doing anything. Peoples grass is growing out of control they are starting to park on the fron lawns etc. it is really getting out of control she needs to be forced to resign so we can save our community

BradP (Kansas)
Posts: 2,640

Posted:

Yolanda:

If there is already precedent to the effect that another builder was forced to remove it and compensate the homeowner, then I would get your board to pursue the same or similar action against this builder. As I stated in another post, band homeowners together and demand resignation or action, or both.

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