What is the name of your state (only U.S. law)? Colorado
Our HOA president has installed 4 gardens on our common area without prior approval. One garden is in contact and adjacent to his physical property which is also the zero lot line. He is now trying to get the Board to approve that anyone can install gardens on the common area for the sake of reducing HOA expenses.
I and others are very much opposed to this as the President had years previously openly requested to extend his property line into common area with no questions asked and with no consideration exchanged. We had threatened legal action per this request to successfully stop that action.
We are now concerned that he has installed these gardens to circumvent property ownership of our common area via another route. Other board members also have adjacent common area and are in agreement with the president's behavior.
How do we stop and reverse what has taken place? Do we sue the person? So we sue the board and president or just the president?
We are concerned that we can violate our charter due to reduced common area if such behavior manifests itself further (which could be the president's and board's intent). And, as such, we are concerned that the president and board members will declare the association disbanded thereby taking over the encroached common area land.
How do we effectively deal with this?What is the name of your state (only U.S. law)?
Our HOA president has installed 4 gardens on our common area without prior approval. One garden is in contact and adjacent to his physical property which is also the zero lot line. He is now trying to get the Board to approve that anyone can install gardens on the common area for the sake of reducing HOA expenses.
I and others are very much opposed to this as the President had years previously openly requested to extend his property line into common area with no questions asked and with no consideration exchanged. We had threatened legal action per this request to successfully stop that action.
We are now concerned that he has installed these gardens to circumvent property ownership of our common area via another route. Other board members also have adjacent common area and are in agreement with the president's behavior.
How do we stop and reverse what has taken place? Do we sue the person? So we sue the board and president or just the president?
We are concerned that we can violate our charter due to reduced common area if such behavior manifests itself further (which could be the president's and board's intent). And, as such, we are concerned that the president and board members will declare the association disbanded thereby taking over the encroached common area land.
How do we effectively deal with this?What is the name of your state (only U.S. law)?