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Strategies For Dealing With A Rogue Neighborhood Board

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What is the name of your state? Georgia

What are some legal defensive strategies to protect yourself against a board that is breaking its own covenants and discriminates?
 


They have not brought themselves (meaning a board member and ACC member) into compliance architecturally speaking, and after a meeting generated by my first proposal to fence, their counsel sent me a letter on legal letterheard stating what they would accept fence-wise. I constructed the exact fence, but was wary of language that ordered me to break two landscaping covenants!

They also wanted me to install brick pillars, thereby making the fence very cost-prohibitive.

This entity is governed by a Non-Profit Org law, not the GA Property Assoc Act, which grants HOAs more powers and less liability.
 

Zigner

Senior Member, Non-Attorney
Keep all your questions in your original thread. The answers aren't going to change.
 

RELawBunny

Junior Member
Well, then that IS a problem. They must bring their board members in violation up to date with current covenants, or risk ousting by the neighbors/members for abuse of process.

Have you spoken with other neighbors?
 
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EXACTLY! :):):):)

I have, and most either don't care (because it hasn't affected them) or are furious! Even the board president lead hypocrite's little daughter comes over and wants to play in our yard! I adore her, and am glad to give her a nice place to play with our girls. I am 40, and chasing my 2 year old into the street every five minutes in this heat was horrible!

I guess I just get really frustrated because there is absolutely no logic to this situation!
 

Zigner

Senior Member, Non-Attorney
Well, then that IS a problem. They must bring their board members in violation up to date with current covenants, or risk ousting by the neighbors/members for abuse of process.

Have you spoken with other neighbors?
You REALLY need to review this poster's history...
 

RELawBunny

Junior Member
Well, sounds like you have a group of inexperienced board members! Unfortunately, that is the order of the day in these mini, non-regulated governments for the most part. They harass because they think they can, but from what I have experienced and looking at the laws in your state, you have options.

Amazing that their counsel would actually put what would be accepted in writing, and then send you a violation letter shortly thereafter.

I assume you have met with counsel of your own?
 
*whew*

You got THAT right! I have a list of the four covenants they are in violation of currently, and the Georgia Laws that apply to each. Not to mention the two landscaping covenants they want me to break!

I just want to know if I should just blow them off as I have, or attend their stupid hearing (I pick the time, date and place) and be heard by hypocrites? Should I record the meeting?

Yes, I have two counsel friends helping me, but I want to get other views too.

Thanks so much for your answers!
 

Zigner

Senior Member, Non-Attorney
Yes, I have two counsel friends assisting me.
In your FIRST thread, you said: "Lawyers are useless in this matter – they complicate things and waste time. I was the one submitting case studies and crafting the letters that my attorney charged me for!! Forget it!"

When I advised that you find a different lawyer, (was the first response actually), you didn't like it.
 
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RELawBunny

Junior Member
In my opinion, you should attend the appeal hearing. Bring one of your friends if one of them is available. This will leave a paper trail and will show you as having used the proper conduits of process to achieve your end.

Show all of your evidence and present all of your arguments. Resist the landscaping covenant breaking, and cite the covenants preventing you from acting in this request.

Sure, go ahead and record it. Having more evidence than less is always a great idea.
 
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