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Posted

We have a weak ass hoa covenant, but this house is being built next door. No forward facing garages. Minimum sq footage. Both of those are being breached when I saw the concrete poured today. They signed the hoa docs when they bought the property so they know.

 

My question is what is the going rate on a possible lean letter to correct the construction? Never done this before.

Posted

It has been my experience that most HOA covenants contain a clause that bills the homeowner for legal fees for breaches.  The last time I got in an argument with my HOA, their attorney sent me a registered violation letter and then billed me $750 for sending it.  I responded with my own registered letter, pointing out the sections of the Texas Residential Property Owners Protection Act that the HOA had violated, and then politely told him where he could place his bill.  I never heard back from either the HOA or the attorney.  At any rate, the going rate at least a couple of years ago was $750.  YMMV

  • Like 2
Posted
13 hours ago, markstanco said:

 

We have a weak ass hoa covenant, but this house is being built next door. No forward facing garages. Minimum sq footage. Both of those are being breached when I saw the concrete poured today. They signed the hoa docs when they bought the property so they know.

 

My question is what is the going rate on a possible lean letter to correct the construction? Never done this before.

 

A lean warning?

 

f1bc2159-febe-49d7-8a2f-e5334815a237.jpg

  • Haha 3
Posted
12 hours ago, royiv said:

Did the HOA not review and approve the plans prior to construction?

He just started building w/o telling them.  Which is also against the rules AND he doesnt remember signing it (pay attention)

10 minutes ago, Dennis Taylor said:

A lean warning?

 

f1bc2159-febe-49d7-8a2f-e5334815a237.jpg

Damnit.  Trashmaster'd!

Posted

Is there an ACC for the HOA?  I have dealt with plenty of HOAs and they will grant variances on certain things.  Sounds like in your case the neighbor just started building without any approval?

You might also want to look into liens not to be confused with the leans which is pilot speak!

  • Haha 1
Posted
1 hour ago, HornOnTheBayou said:

The other question you need to consider: who fucking cares how small his house is and which way his garage faces?

Someone who lives in an HOA that regulates minimum square footage and which way the garage faces. 

Posted
The other question you need to consider: who fucking cares how small his house is and which way his garage faces?

I do. I have a nice house and live in a nice neighborhood. I don’t want a forward facing garage that should be on FM 123 or a road lined with duplexes. That’s why I built here. Don’t like it, don’t build here. If I didn’t care I could have built a house for 20% less in a shit area.

Anyhow meeting tonight with the guy and he is changing his plans and resubmitting. Shouldn’t have to go to the courthouse for a lien.
Posted
If the neighborhood is built with access for a rear garage, why would anyone build otherwise?  Odd way to start the project. 

Exactly. All lots are 2+ acres and go for mainly 60k plus depending on the location. Very cheap for you city folks but this is rural northwest texarkana near the Red. This lot was actually valued at 16k because it has a 3 creek access. Nightmare dirt work obviously. Nobody thought somebody would try to build.
Posted

I don’t know if you have individual standing - that’s for an HOA law geek - but I can say if you or the HOA don’t get in front of it before too much longer the equity (fairness) side of the scale will start to heavily tilt toward the new home owner building such a monstrosity. From there the rule starts the slide toward unenforceable given past waivers. If it matters to you, someone should do something. 
 

  • Like 2
Posted

I'm not at all saying I I want to live under the thumb of an HOA, however i can understand what it can provide.

That said, i can see where Troph is correct in the idea that if this one goes unchecked, where does it stop?

Posted

Serious answer:  You could live in a community that has deed restrictions addressing things like property use, setbacks, and construction design, but those deed restrictions to not create an HOA that enforces those restrictions.  Some older communities that were created by less sophisticated or sloppy developers have similar deed restrictions that do not create an HOA to enforce restrictions, collect assessments, etc.    

I've encountered a few of those communities, and in some instances the neighborhood has created their own HOA, which is purely voluntary and does its best to monitor compliance, but that HOA does not have the legal authority to file a lawsuit to enforce the restrictions.  Under the law, an individual owner in the community has standing to sue, but someone who is concerned about a violation rarely is mad enough to spend their own time and money pursuing an enforcement lawsuit. 

And as troph mentioned, with or without an HOA, if there are enough similar violations around your neighborhood, the offending owner could have a waiver/abandonment claim for that particular restriction.  There's no magic number of violations for that to happen.  The rule is generally, can a person driving through the neighborhood observe enough violations that they form the reasonably belief that the community does not enforce that restriction.   

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