Unwanted Builder

[elle_13]

What is the name of your state? indiana

our neighborhood association president is always at odds with everyone in the neighborhood. he and his sister, have built two home's in the addition so far. both homes have had to go thorugh extreme remoldling after they were sold due to poor construction. which they had to pay half the cost. the entire association does not want her to build another house. all of our homes appraise for no less than 250, even though the covenants say 150 or so. she is about to build another house next to ours. our house is the first one in the addition, meaning hers would be the 2nd you would see. originally the neighborhood was to have sewer, but we all have septic. due to her mound system, she is proposing to put her house 15ft off our property line and turn the house almost sideways with her back bedroom facing our house. everyone is extremely upset, especially us because we fear this will severely devalue our home. also, our neigherhood is big on not blocking view. even with minibarns. if she does this it will completely block our entire view of the lake, again a possbile devaluing tool. what is any legal recourse do we or the association have? we all said something at our last meeting, and the president blew up and said we were slandering and defaming his sister and their company. we are at wits end.

 

[lwpat]

"our neighborhood association president is always at odds with everyone in the neighborhood."

If this is true why is he still president?

"what is any legal recourse do we or the association have"

Asd long as they comply with all ordinances, codes, and covenants you have no legal recourse. That doesn't mean that you can't sue, you can sue anyone for anything.

 

[elle_13]

We currently have a motion on the floor to change the covenants. He has it written now that he will be president forever until only 3 lots remain. That will never happen, three of the lots alone are unbuildable, but he refuses to get them surveyed and deemed unbuildable. He said he will fight us if we try to change the covenants. Our motion is to have the president live within the boundaires of the neighborhood. He doesnt even live there.

 

[HomeGuru]

The HOA or its members should hire an attorney and fight.

 

[elle_13]

we talked about doing something like that. This whole thing is a mess. Additionally, his sister is also the county accessor. 4 of us have gone to the county because everything appraised for practically double! The county office lowered all our payments from 200-400 bucks and has said they are bringing in someone else to reappriase our addition because everything is coming up too high. We think she is doing it on pupose becuase she is mad that we dont want her to build another house. Everytime we have a meeting it turns into a match between everyone and them. We are all at our wits end and feel like there is nothing we can do. If hiring an attorney would help, I am sure everyone would go for it.

Can he legally put into the convenants that he will be president forever until only 3 lots are left? Like I said before some are unbuildable, but he refuses to "officially" recognize this. However, he is offering the land for only 10,000 becuase it is useless.

 

[HomeGuru]

Unless we review the complete set of CC&R's, we are unable to proviede you specifc responses. You need to hire an attorney.

 

[elle_13]

i will print this page off and show everyone in the addition, hopefully they will want to go ahead with this. Thanks.

 

[HomeGuru]

www.caionline.org

 

[elle_13]

Thank you so much!!

 

[HomeGuru]

You're welcome.