B
bcatrustee
Guest
What is the name of your state? Missouri
I'm one of three trustees for a 31 property subdivision in St. Charles County, MO. We have one property owner that has been very uncooperative over the past few months.
He doesn't have a home on his lot yet. January 2001 he started construction on a garage/shed which he got authorization from the trustees. Our covenants state there is a 6 month window to complete construction. It's 19 months later and all he has constructed is a foundation. He has received both verbal and written complaints about this.
Our subdivision also has a community well. We collect a $90 quarterly fee to cover water and trash. Our covenants do not address the water utility. Two of the trustees are concerned that he has tapped into the main water line with a 2 inch line. Supposedly, everyone else has a 1 inch line so this would not be fair, especially since our water system is really not large enough to support our subdivision and it works "overtime".
The one trustee had a lawyer send him a letter. His lawyer responded by saying he would complete the construction by the end of August and would allow inspection of the water line at the building (implying not at the main water line - we suspect he reduced the water line size somewhere between the water main and his shed).
The two trustees have also had "run-ins" with him and want to file a lawsuit against him for the water line and incomplete construction. I've asked the other trustees what would be the outcome of a lawsuit. There is nothing in our covenants allowing us to fine someone for breaking the rules.
I'm afraid we're going to have to spend many dollars on lawyers and such only to realize during the legal process he completes his shed anyway. What would be the outcome of such a lawsuit? Do the trustees have the right to dictate a water policy (like what size line you can have and impose a limit of only one water tap) when the covenants do not address this?
I'm one of three trustees for a 31 property subdivision in St. Charles County, MO. We have one property owner that has been very uncooperative over the past few months.
He doesn't have a home on his lot yet. January 2001 he started construction on a garage/shed which he got authorization from the trustees. Our covenants state there is a 6 month window to complete construction. It's 19 months later and all he has constructed is a foundation. He has received both verbal and written complaints about this.
Our subdivision also has a community well. We collect a $90 quarterly fee to cover water and trash. Our covenants do not address the water utility. Two of the trustees are concerned that he has tapped into the main water line with a 2 inch line. Supposedly, everyone else has a 1 inch line so this would not be fair, especially since our water system is really not large enough to support our subdivision and it works "overtime".
The one trustee had a lawyer send him a letter. His lawyer responded by saying he would complete the construction by the end of August and would allow inspection of the water line at the building (implying not at the main water line - we suspect he reduced the water line size somewhere between the water main and his shed).
The two trustees have also had "run-ins" with him and want to file a lawsuit against him for the water line and incomplete construction. I've asked the other trustees what would be the outcome of a lawsuit. There is nothing in our covenants allowing us to fine someone for breaking the rules.
I'm afraid we're going to have to spend many dollars on lawyers and such only to realize during the legal process he completes his shed anyway. What would be the outcome of such a lawsuit? Do the trustees have the right to dictate a water policy (like what size line you can have and impose a limit of only one water tap) when the covenants do not address this?