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Question & Answer
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Woodholm Green HOA Board is forcing me to remove a fence that has been on property for 14 years
What are my property rights as a homeowner?
May 01, 2008
By
Shelly Jackson
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Hello Mr. Mills,
I was so happy to read your advice about the fence for that woman--although it will be cheaper for her to just pay and move the fence, you actually offered some great insights!
I am the web master for my association and we have been embroiled in a huge battle with the old board. It has cost me considerably from my own pocket to add to the $5000 in property owner donations. Basically what happened was that we lost our incorporation and the board reincorporated with new Articles that changed some of our rights. They doubled our dues, hired a property manager for $3000 a month all in violation of our governing documents and in closed board meetings also i violation of our documents. When we pointed this out and other violations of our documents, they hired an attorney to shut us up and say the board had authority to do it. When we tried to form a committee to redo the by-laws, they said no. When we hired an attorney to get on the agenda at a regularly scheduled meeting, they canceled all meetings and told we could only vote for the board and had no other say in our association business.
The board went on a smear campaign and tried to make us out to be "rif raf" and "hillbillies" and "troublemakers." With 450 lots (most of the owners are absentee lot owners) and aren't here to see what is really going on--it was easy for the board to send out newsletters and lie about what was happening. Despite that, we obtained over 220 votes of confidence on our supporters list. They ordered me to give them control of the website, which I refused--because it was the only way to tell people the truth!
We filed suit because they reused to let us vote, ignored the special meetings we called, canceled a regularly scheduled meeting (already announced with people flying in to vote!) just to silence us and retain their power. After we petitioned the court to allow us to vote, they filed 2 suits on us--asking for damages for emotional distress. They did intend to break us.
I can't understand why our neighbors decided to do what they did--I am still in shock. all they had to do was give us a fair vote--that's all! but they chose to fight us rather then let us participate inour own association. They are bitter. but finally decided to step down and let us vote (we still have one nut job in the association who is trying to force us to stay in litigation) but basically the board has backed down--I think they realized their case was pretty shaky. Oh--and we found out the president of the board is a felon and was convicted of fraud in 1999 and had to pay back 35,000. He left when we found that out and sold his home. Since he was the driving force against the members resistence to reason, I think that took some wind out of their sales.
Now a law has passed in Utah that allows condo boards to incorporate and write new articles of incorporation without approval or notification to homeowners!!!! I am appalled. I wrote an article about this and hope the Salt lake Tribune will help me expose this new law that strips basic rights from homeowners and trumps current law that protects association members from such clandestine actions.
Gosh, I simply meant to tell you what a great job you did in answering that woman. You have positive input. I love your job and think I would like to offer my services to my POA also. It's needed.
Sincerely, Shelly
http://www.hideawayvalley.org
Posted May 4 2008 4:10PM CEST
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shelly marshall
(View Profile)
Fairview, Utah |
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Dear Shelly,
From the description of your problem, I'm guessing that your fence is encroaching on the HOA common area. If this were simply a problem between you and your next door neighbor, the HOA would not even be involved. Chances are the former owner built the fence and either accidentally or on purpose enclosed part of the common area inside your fence line. Many CC&R's say that the Board can not give/sell common area away.
You have several different directions that you can go with this problem; however, all of them will probably require a lawyer. You can try dealing with the Board directly, but if their attorney is already involved, you will probably need an attorney of your own.
Assuming that you truly have never been notified for the last 7 years, then the Statute of Limitations has expired for the HOA to do anything about the fence. However, because their attorney is involved, I somehow don't believe that there has been no notification. You may have been unaware of what was being said or thought that the correspondence they may have sent did not apply. I say this because any attorney would understand the Statute of Limitations and know that this was a dead issue. The only other possibility is that they're bluffing and are trying to get you to move the fence because they believe you don't know any better.
The next possibility is something called a "lot line adjustment." Most CC&R's provide for minor changes in the lot line due to accidents. Check your CC&R's to see if this is mentioned. If so, request that the Board make this adjustment.
Another possibility has to do with your original closing and title insurance when you purchased the property. If you received title insurance through escrow, then it should have included information on your exact lot lines as related to the location of your house and the fence. Call your former escrow company or call the title insurance company if you can find the policy. Explain to them what you're being told by the HOA and see what they can do for you.
Lastly, ask for a hearing with the Board. Ask them to explain their reasoning and see if you can work with them directly. There has to be some reason that this is being pursued after such a long period of time. Remember, they are your neighbors and aren't being paid to be on the Board. Try and determine what's driving this situation and then see what you can do to resolve it.
Thanks,
Bill Mills
Service 1st Mediation & Ombudsman Services
San Clemente, CA
Posted May 2 2008 5:46PM CEST
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Bill Mills
(View Profile)
San clemente, California |
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Sadly, your attorney fees will likely run more than the fine and fence relocation
Posted May 2 2008 5:14PM CEST
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Richard York
Tyler, Texas |
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Usually, the HOA has to take action within the first year of the alleged violation. Failure to do so voids any claim at a later time.
I had one such case in California and managed to save an other home owners battle applying the same law in Arizona.
Good luck!
Posted May 2 2008 8:51AM CEST
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Doreece Hadorn
Tucson, Arizona |
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Short of an attorney who will take your case at no charge, or you win the lottery you have no options but to sell.
Your board will wear you out until you go crazy, and they will laugh about it behind your back. Look into their Myers-Briggs temperament type and it will shock you.
Posted May 2 2008 3:23AM CEST
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Myles Opheim
(View Profile)
Fort Worth, Texas |
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