HOA issue, what do you think?

[Vette73]

Originally posted by: Linflas

Originally posted by: lokiju
I think you guys need to change your rules to 4'.

Like I said earlier when my neighbor was fighting with the HOA board over the fence for her pool she ended up forcing them to poll the community about changing the rule to be in agreement with the county. She had both our signature and the neighbors on the other side of her house saying we were fine with a 4' fence. I urged her to not go the poll route but she agreed with the board to abide by a poll. When they did the poll they of course worded it in such a way as to make it "for the children and safety" and it was only like 2 or 3 votes out of the people that bothered to vote that carried it for the keep it as is side. With all of that on the record it seems the board and community could be held partially liable in the unlikely event that a child did get injured somehow in this particular pool after climbing over the fence since they/we knew of the non-compliance and took no steps to bring it into compliance.

Jesus christ man... you said you got on the board to stop shit like this yet now you are saying you have to keep it 6' because its the rules and "my neighbor" had to do it...

See YOU are the reason people don;t liek HOAs. You say you will be different and nice yet when you are on the HOA you become the standard asshole HOA person like this.

 

[OutHouse]

Originally posted by: mugs

Originally posted by: Linflas

Originally posted by: mugs
I think you should change the rule to allow 4' fences, unless you have a good reason to require 6' fences.

No it was part of the original ARC guidelines. From what I understand when people get additions like this approved they agree that they will abide by the existing rules and covenants. Since she was on the ARC it was assumed that they knew the requirement and it was only when the issue became heated that it was discovered that they were not.

Yeah, so this person is a bitch who enforced a rule for someone else but not herself. But still, I don't see a reason to keep the 6' rule if the county only requires 4', unless the HOA has a reason to require 6'. Some reason other than because that's the way it's always been.

:thumbsup:

 

[Linflas]

Originally posted by: Marlin1975

Originally posted by: Linflas

Originally posted by: lokiju
I think you guys need to change your rules to 4'.

Like I said earlier when my neighbor was fighting with the HOA board over the fence for her pool she ended up forcing them to poll the community about changing the rule to be in agreement with the county. She had both our signature and the neighbors on the other side of her house saying we were fine with a 4' fence. I urged her to not go the poll route but she agreed with the board to abide by a poll. When they did the poll they of course worded it in such a way as to make it "for the children and safety" and it was only like 2 or 3 votes out of the people that bothered to vote that carried it for the keep it as is side. With all of that on the record it seems the board and community could be held partially liable in the unlikely event that a child did get injured somehow in this particular pool after climbing over the fence since they/we knew of the non-compliance and took no steps to bring it into compliance.

Jesus christ man... you said you got on the board to stop shit like this yet now you are saying you have to keep it 6' because its the rules and "my neighbor" had to do it...

See YOU are the reason people don;t liek HOAs. You say you will be different and nice yet when you are on the HOA you become the standard asshole HOA person like this.

No what I objected to and still object to was the fact that the board went after my neighbor and took it nuclear regarding her fence while allowing one of their own to not comply. In my opinion this is an opportunity to correct that wrong.

For the person that asked if it was about aesthetics as far as I know the stated reasons are they feel a 4' fence is easier for a kid to scale than a 6' fence. Having been a kid I disagree but I did vote in favor of changing the rule to 4' and was on the losing side of that.

 

[mugs]

Originally posted by: Linflas

Originally posted by: lokiju
I think you guys need to change your rules to 4'.

Like I said earlier when my neighbor was fighting with the HOA board over the fence for her pool she ended up forcing them to poll the community about changing the rule to be in agreement with the county. She had both our signature and the neighbors on the other side of her house saying we were fine with a 4' fence. I urged her to not go the poll route but she agreed with the board to abide by a poll. When they did the poll they of course worded it in such a way as to make it "for the children and safety" and it was only like 2 or 3 votes out of the people that bothered to vote that carried it for the keep it as is side. With all of that on the record it seems the board and community could be held partially liable in the unlikely event that a child did get injured somehow in this particular pool after climbing over the fence since they/we knew of the non-compliance and took no steps to bring it into compliance.

What's the mechanism for changing the rules?

You really come across as being vindictive toward this former board member. I think your concern about liability is nonsense, because the county only requires 4'. If you're concerned, consult an attorney. But I have to wonder why this concern about liability only came up when they decided to sell. It seems absurd to me that you want this neighbor to spend thousands of dollars replacing their fence when it doesn't sound like you have any legitimate reason to require a 6' fence.

 

[JDMnAR1]

Compromise and go 5' all around.

Seriously, if the 4' fence has not been grandfathered in perpetuity, then it is incumbent upon the sellers to disclose to their agent and/or any potential buyers that the fence will have to be brought into compliance. In most states I have lived in, failure to disclose a known deficiency in a real estate transaction is grounds for voiding the contract.

 

[Steve]

Originally posted by: Demon-Xanth
Have their pool booted and towed.

If you booted my pool, I'd put it on dollies and roll it into my garage.

Come get your boots!

 

[Homerboy]

Originally posted by: spidey07
Why not just change the rules to 4'?

I don't think it is up to the sellers to provide notice, that is up to the due diligence of the buyers.

I don't see how on earth the new buyers would stop and think to check if the existing fence, which has been previously approved and allowed by the HOA may now be under scrutiny.

The only answer here is that since the fence was allowed from day 1, it should be grandfathered in.

You got on the HOA to fight such stupid rules. So fight it.

I would never, ever live in such a neighborhood and simply do not understand how people can tolerate it.

 

[Linflas]

Originally posted by: mugs

Originally posted by: Linflas

Originally posted by: lokiju
I think you guys need to change your rules to 4'.

Like I said earlier when my neighbor was fighting with the HOA board over the fence for her pool she ended up forcing them to poll the community about changing the rule to be in agreement with the county. She had both our signature and the neighbors on the other side of her house saying we were fine with a 4' fence. I urged her to not go the poll route but she agreed with the board to abide by a poll. When they did the poll they of course worded it in such a way as to make it "for the children and safety" and it was only like 2 or 3 votes out of the people that bothered to vote that carried it for the keep it as is side. With all of that on the record it seems the board and community could be held partially liable in the unlikely event that a child did get injured somehow in this particular pool after climbing over the fence since they/we knew of the non-compliance and took no steps to bring it into compliance.

What's the mechanism for changing the rules?

You really come across as being vindictive toward this former board member. I think your concern about liability is nonsense, because the county only requires 4'. If you're concerned, consult an attorney. But I have to wonder why this concern about liability only came up when they decided to sell. It seems absurd to me that you want this neighbor to spend thousands of dollars replacing their fence when it doesn't sound like you have any legitimate reason to require a 6' fence.

I think you missed something. The community was built in 1996 with a standard HOA set of covenants from the builder. Those covenants from the very beginning stipulated a 6' fence, it is not something that the HOA came up with out of the blue. The only time the issue was ever put up for a vote the community very narrowly voted to leave them as they have always been despite the lower county requirement. In fairness to the previous board they did point out that the county requirement was lower than the covenants requirement when the vote was taken while bending the wording to clearly indicate which direction they wanted the voting to go. To add this to the disclosure was not something I thought up, it was brought up in a board meeting when this house went up for sale by the ARC people.

 

[Steve]

Originally posted by: Homerboy

I would never, ever live in such a neighborhood and simply do not understand how people can tolerate it.

I think these people think they are somehow preserving if not increasing property values. Too bad for them, they don't realize that they're killing demand

 

[mugs]

Originally posted by: Homerboy

Originally posted by: spidey07
Why not just change the rules to 4'?

I don't think it is up to the sellers to provide notice, that is up to the due diligence of the buyers.

I don't see how on earth the new buyers would stop and think to check if the existing fence, which has been previously approved and allowed by the HOA may now be under scrutiny.

The only answer here is that since the fence was allowed from day 1, it should be grandfathered in.

You got on the HOA to fight such stupid rules. So fight it.

I would never, ever live in such a neighborhood and simply do not understand how people can tolerate it.

It can't be grandfathered in, because it was illegal from day 1. Even if the current board chooses to make an exception and ignore the rule for this fence, a future board could make the new homeowner fix the fence. They need to amend the rules to make it legal.

 

[Linflas]

Originally posted by: Homerboy

Originally posted by: spidey07
Why not just change the rules to 4'?

I don't think it is up to the sellers to provide notice, that is up to the due diligence of the buyers.

I don't see how on earth the new buyers would stop and think to check if the existing fence, which has been previously approved and allowed by the HOA may now be under scrutiny.

The only answer here is that since the fence was allowed from day 1, it should be grandfathered in.

You got on the HOA to fight such stupid rules. So fight it.

I would never, ever live in such a neighborhood and simply do not understand how people can tolerate it.

It would only become the buyers responsibility if they bought the house knowing it was not in compliance, that is why we are required to provide a disclosure packet. If there is paperwork with the ARC showing that they signed off on a 4' fence then as far as I am concerned the discussion is over and the 4' fence stays however my understanding is that what was approved was a pool and fence meeting all covenants and guidelines as agreed to by the owner when they purchased the property and in that case they have clearly not met the requirements.

 

[Homerboy]

Originally posted by: mugs

Originally posted by: Homerboy

Originally posted by: spidey07
Why not just change the rules to 4'?

I don't think it is up to the sellers to provide notice, that is up to the due diligence of the buyers.

I don't see how on earth the new buyers would stop and think to check if the existing fence, which has been previously approved and allowed by the HOA may now be under scrutiny.

The only answer here is that since the fence was allowed from day 1, it should be grandfathered in.

You got on the HOA to fight such stupid rules. So fight it.

I would never, ever live in such a neighborhood and simply do not understand how people can tolerate it.

It can't be grandfathered in, because it was illegal from day 1. Even if the current board chooses to make an exception and ignore the rule for this fence, a future board could make the new homeowner fix the fence. They need to amend the rules to make it legal.

Point taken. I guess I fail to see how it was magically allowed in the first place (except by being a board members house). Man corruption even in HOAs. Politics is rough!

 

[Homerboy]

Originally posted by: Linflas

Originally posted by: Homerboy

Originally posted by: spidey07
Why not just change the rules to 4'?

I don't think it is up to the sellers to provide notice, that is up to the due diligence of the buyers.

I don't see how on earth the new buyers would stop and think to check if the existing fence, which has been previously approved and allowed by the HOA may now be under scrutiny.

The only answer here is that since the fence was allowed from day 1, it should be grandfathered in.

You got on the HOA to fight such stupid rules. So fight it.

I would never, ever live in such a neighborhood and simply do not understand how people can tolerate it.

It would only become the buyers responsibility if they bought the house knowing it was not in compliance, that is why we are required to provide a disclosure packet. If there is paperwork with the ARC showing that they signed off on a 4' fence then as far as I am concerned the discussion is over and the 4' fence stays however my understanding is that what was approved was a pool and fence meeting all covenants and guidelines as agreed to by the owner when they purchased the property and in that case they have clearly not met the requirements.

I didn't comment on buyers responsibility, I commented on the due diligence being theres as Spidey07 implied.

 

[dquan97]

Originally posted by: villageidiot111
What difference is the extra 2ft of fence going to make? I'm pretty sure a 4ft fence will do everything you want the 6ft fence to do.

It definitely won't keep out 6' zombies

 

[Demon-Xanth]

Originally posted by: Steve

Originally posted by: Demon-Xanth
Have their pool booted and towed.

If you booted my pool, I'd put it on dollies and roll it into my garage.

Come get your boots!

So you got one of those redneck above ground pools?

 

[mugs]

Originally posted by: Demon-Xanth

Originally posted by: Steve

Originally posted by: Demon-Xanth
Have their pool booted and towed.

If you booted my pool, I'd put it on dollies and roll it into my garage.

Come get your boots!

So you got one of those redneck above ground pools?

White trash, not redneck. Rednecks have inflatable pools.

 

[ric1287]

about how many hours of HOA deliberation goes into absolutely stupid shit like this?

Sounds like a student council meeting in grammar school