Nevada,
In 2006 I purchased a home in a HOA and in 2009 a member of the board of directors asked to inspect my backyard which abutts a community owned wall.
The inspection led to a directive to tear down a deck that is fastened to the community wall and extends the yard to the wall.
The removal of the deck will cost $15,000.00 and the deck has been in place for fifteen years. The HOA believes this deck will lead to damage to the wall hovwever I paid a structural engineer to assess this and his report confirms the wall is in no danger and no damage has been caused by the deck.
The HOA still insists the structure be renovated and has assessed $2,500.00 in fines and placed a lein on my home.
It is my position that the HOA had fifteen years to have this corrected and I bought the property with no idea this was a problem. The house is currently worth $150,000.00 less that I paid for it as the Vegas market has collapsed.
I can not afford to sue them but I believe this improvement is grand fathered and if not they have none the less waived any objections through their failure to act for all those years. I do not feel I should get slammed with a $15,000.00 bill I can not finance or affford.
What is my recourse if any? Can I sue the real estate agent or previous owner? Any addvice?
In 2006 I purchased a home in a HOA and in 2009 a member of the board of directors asked to inspect my backyard which abutts a community owned wall.
The inspection led to a directive to tear down a deck that is fastened to the community wall and extends the yard to the wall.
The removal of the deck will cost $15,000.00 and the deck has been in place for fifteen years. The HOA believes this deck will lead to damage to the wall hovwever I paid a structural engineer to assess this and his report confirms the wall is in no danger and no damage has been caused by the deck.
The HOA still insists the structure be renovated and has assessed $2,500.00 in fines and placed a lein on my home.
It is my position that the HOA had fifteen years to have this corrected and I bought the property with no idea this was a problem. The house is currently worth $150,000.00 less that I paid for it as the Vegas market has collapsed.
I can not afford to sue them but I believe this improvement is grand fathered and if not they have none the less waived any objections through their failure to act for all those years. I do not feel I should get slammed with a $15,000.00 bill I can not finance or affford.
What is my recourse if any? Can I sue the real estate agent or previous owner? Any addvice?