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survesh2000 wrote:
> I'm yet to move into my newly constructed home and I'm already fed up
> with the HOA rules being imposed on me by my builder!
>
> My house is still a month away from completion and my builder has NOW
> denied what had been agreed at the red-line meeting - to move my fence
> to the front of my home ( I've paid for the extra cost for moving the
> fence to the front)
>
> LOT SHAPE below:
>
> 75 ft
> -----------------------------*
> | x x
> |
> |
> | <---------- fence starts here (10 feet from x)
>
> | x x < --------- (right corner of house)
> |
> |
> | y y
> |
> |
> ===========*
> 50 ft
>
> y: car garage entrance
> x and y: house foot print
> imagine a line connecting the two stars * to be the right side
> property line
>
> My lot size is 75 ft at the back and 50 ft at the front and is 100 ft
> deep. My home is placed on the extreme left so that I can have maximum
> yard space to the right of my home. But, now my builder says that the
> rules of the HOA states that the fence must "end atleast 10 feet from
> the RIGHT corner of the house". I find this rule crazy as the fence may
> end at any place depending on the size/shape of the house (foot print)
> that one has choosen.
There is major legal difference between CC&Rs and R&Rs (Rules and
Regulations) so I don't know if you are referring to rules or
Declaration (CC&Rs).
If the rule is unreasonable than it is unenforceable.
Of course you must sue and convince judge that the rule is unreasonable!
The foot print of my house is pretty big and the
> RIGHT side of the house starts pretty much at the center of my lot and
> the fence starts 10 feet behind this RIGHT corner.
>
> Another house with a smaller foot print would have an extended fence
> just because the RIGHT CORNER of the house starts very close to the
> entry of the lot. I've read in some other messages where the fence
> should end at a certain feet from the "property set back line"
> (whatever that is) or from the "front of the lot".
>
> Since this is my first home I really don't know if my builder is being
> fair to me? I drove around my community and saw 1 other house where the
> fence extended to less than 2 feet from the RIGHT CORNER of the house.
> THere are another 4-5 house where the fence extends almost to the front
> of the house but they are all corner lots (any special rule for corner
> lots???)
>
Everithing must be exsactly speled in CC&Rs showing the description of
the property as it is recorded in the recorders office.
> My questions are:
> 1) Why is the builder already conforming to the rules of the HOA? SInce
> my house is still under construction how can the HOA's rules be imposed
> on my property?
>
During the phase when the HOA isn't fully formed and controlled by
homeowners the builder a.k.a. Declarant has total control over the
association. However, the Department of Real Estate has total control
over the Declarant during this period.
> 2) I've a copy of my house plan where the fence is clearly marked to
> extend till the front of my house, but my builder is dodging me saying
> that he never meant it to be there? (I'll post this picture soon
> here)
>
Your best bet would be to get the Department of Real Estate to intervene
on your behave. However, son you will learn how corrupt this country is
in relationship to a homeowner. The Socialist and CAI industry don't
want you to have a home.
> 3) Is there any way where I can get my fence where I want to be...can I
> say I'm putting a mini pool in my yard etc.
>
It is my believe that your best chance is to establish prior agreement
and try to enforce it via Department of Real Estate and CC&Rs. If you
have a plan based on which you have entered into a contract should be
sufficient whether or not the Declarant meant or not to do what you
believed to be done.
Bring in an another issue like swimming pool will make whole issue
unclear and you will loose.
> If I do not get it now then I think I can never get my fence to the
> front after I close my house.
>
That is probably true!
> Any ideas...suggestions..please help! I'm going to talk to my builder
> in a day or two based on your feedback.
>
Bring in the Department of Real Estate, all departments which approved
the original plans, and if contract was broken sue for damages.
Every state has different laws.
Depends on price of your home I strongly recommend that you retain Real
Estate attorney whit specialties in the HOA law. It is time to play hard
boll with the Declarant.
FYI: Whether or not you will prevail you have purchased home in the hell
called HOA. You will regret this stupid move years later.
-Sub
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Re: Fence issue on new house with builder (and HOA??)
