Easements and HOA (HOA's) Home Onwers Assocaition's STAY AWAY!!

[ultrarunner]

Sometimes yes and sometimes no...

I know for a fact that my second garage is Grandfathered and have the paperwork to prove it.

About 10 years after it was built a prohibition on accessory buildings was passed... all structured must be at least 50% connected to the main dwelling... seen some creative breezeways and such...

 

[3Ts]

That doesn't make it right. Now there are two residences in violation of what they signed into. Or don't the H.O.A. rules and regulations apply to everybody equally?

It's supposed to. But, I've seen it otherwise.

 

[Oldoak]

It's supposed to. But, I've seen it otherwise.

How true. That same scenario plays out in many public municipalities as well as privet H.O.A.s.

 

[plowhog]

HOA rules can and do change over time.

At my Vegas property in an HOA, I wanted new landscaping in the rear including a hardscape perimeter planter with shade trees. But if I installed that hardscape at the rear edge of my property, it would sort of "wall off" and "orphan" some HOA common area behind me. That would make it more difficult for the HOA maintenance people to take care of that part of common area. So, I approached the Board for permission to run my hardscape past the end of my property, and through and all the way to the end of the common area. In essence, I swallowed up part of the common area for my own use-- with their permission. I installed that and ... presto ... I had a much larger yard and lawn area to the rear than any of the others.

A number of neighbors noticed what I did. They kind of did a "run" on the Board-- many seeking similar permission. At that point the Board decided that really wasn't a good thing to do, as virtually everyone on my side of the development would want to do the same. That could cause a ruckus. So they placed a moratorium on any such developments in the future. Leaving mine as the only legally permitted one.

 

[paulfun9]

HOA rules can and do change over time.

At my Vegas property in an HOA, I wanted new landscaping in the rear including a hardscape perimeter planter with shade trees. But if I installed that hardscape at the rear edge of my property, it would sort of "wall off" and "orphan" some HOA common area behind me. That would make it more difficult for the HOA maintenance people to take care of that part of common area. So, I approached the Board for permission to run my hardscape past the end of my property, and through and all the way to the end of the common area. In essence, I swallowed up part of the common area for my own use-- with their permission. I installed that and ... presto ... I had a much larger yard and lawn area to the rear than any of the others.

A number of neighbors noticed what I did. They kind of did a "run" on the Board-- many seeking similar permission. At that point the Board decided that really wasn't a good thing to do, as virtually everyone on my side of the development would want to do the same. That could cause a ruckus. So they placed a moratorium on any such developments in the future. Leaving mine as the only legally permitted one.

So they gave you property that wasn’t and still isn’t yours but refuse to give any to others?

You should give it back after returning it to its previous state and fall in line with the rest of the HOA!

 

[ultrarunner]

If it is Common Property how can it not be his?

 

[Diggin It]

If it is Common Property how can it be his?

Fixed your post.

Virtually all of these Napoleonic stories are exactly why I would outlaw these enclaves and dictatorships nationwide. Not one of these 'pro' stories is something that cannot, or should not have been handled at the municipal or county levels.

It's just pure outright nonsense that someone can't put a shed or bush in their yard without asking Gladys for her permission.

 

[Sigarms]

It's just pure outright nonsense that someone can't put a shed or bush in their yard without asking Gladys for her permission.

It's not nonsense because people HAVE to agree to it in the first place.

I get it, to each their own.

That said, part of the reason for this thread is not to complain about a HOA or an easement you have to deal with on land "shared", and come here and complain about it.

Also noted in the original post is that this all started because someone on this board put a home up for sale with 15 acres, and the HOA dues was already paid up front for two years in advance. I wish the best for anyone trying to sell something, but when I saw "HOA" with 15 acres, the old saying "BUYER BEWARE" comes to mind. No different than if an easement was included with the same property.

 

[Sigarms]

A number of neighbors noticed what I did. They kind of did a "run" on the Board-- many seeking similar permission. At that point the Board decided that really wasn't a good thing to do, as virtually everyone on my side of the development would want to do the same. That could cause a ruckus. So they placed a moratorium on any such developments in the future. Leaving mine as the only legally permitted one.

You pulled a fast one and got away with it. Congrats

I have a pretty large secondary deck behind the house that I will most likely take down beecause we never use it, and perhaps use some money into landscaping the hill the deck sits on instead of replacing the deck. I don't need no HAO approval for anything, and most likely won't even have to pull a permit.

I get the fact that to some extent we all have to account for our actions to some extent for what we do on our property, but having a HOA out of the picture IMO is one potentially huge headache gone. I have absolutely no doubt that if I owned a house in Charleston SC or Savanah Ga, the restrictions on what I can and can't do with that structure would differ greatly than what I can do with my own home here in NC. One reason why I'll also never live in Charleston or Savanah LOL

Easements I see more like a ticking time bomb. Everything may be fine for years with the parties involved in the easement, but sooner or later it's going to explode. Just a question of when and if you're there when it does LOL

 

[plowhog]

Just to clarify, my new (legal) hardscape planter would also cause a hardship to the HOA maintenance crews by blocking their mowing equipment. The HOA considered the increased maintenance workload when approving my request to extend the planter into the common area. Now, there is less work for them as the lawn that used to be outside my property is inside the boundary of the planter-- which is my responsibility to maintain. There was no land deeded back and forth, nor "given" or "taken."

This, of course, was a benefit to me. No argument about that. And while my lot is almost completely flat, other owners who started wanting to do the same thing were on sloping lots, which could have impacted draining had they been allowed to do it. So my point is that rules in an HOA can and do change, as the Board can make individual decisions both pro and con. In my case it was a "pro" decision in my favor. But I've also had neighbors wanting to do all sorts of different variances that were not approved. Such is the life in an HOA area.

I said earlier I would never serve on an HOA board. But I do make it a point to stay on friendly terms with all of the Board members, as best as I can ...