HOA Rules

[Longsally1112]

I live in South Carolina. We have an HOA where we live and the rules haven't changed in 11 years, just the board members. So I am looking for advice for getting them to follow the rules. Example: A few years ago we got a basketball hoop and placed it in our driveway (the portable one, know what I mean?). We immediately got a letter saying they were against the rules and demanding we remove it immediately or get fined. We complied, not realizing they weren't allowed. The same thing happened to neighbor across the street a year earlier but we were unaware of that. Hubby and I recently went fort a walk in the neighborhood and noted there were basketball hoops in several yards. When I complained to the HOA, I was told they have decided to just ignore that rule for now because the hoop at the pool area is broken and they don't have the money to fix it right now. (That hoop has been broken for years). I suggested that they take the hoops and place them up at the pool (which is what the board suggested to us). Can they just decide they are not going to follow the rules when it suits them? Example 2: We decided to do a driveway extension and they asked us for things over 4 weeks that were ridiculous and unnecessary (building permits, getting permission from utilities to pour cement on OUR property) but two other neighbors did driveway extensions, one didn't ask permission at all and one asked and was approved in 1-2 weeks and did not have to do any of the things we did. How can this be legal?

 

[adjusterjack]

Can they just decide they are not going to follow the rules when it suits them?

Of course they CAN do it because they already DID do it. You can go to court and seek a court order compelling the HOA to enforce the rules or you can just live with the fact that HOAs are evil and you don't get relief until you sell out and move someplace that doesn't have one.

When I complained to the HOA, I was told they have decided to just ignore that rule for now

Then you are free to put your hoop back to where it was.

building permits, getting permission from utilities

Your building codes might require a permit. Did you check?

There also might be a utility easement running across your property that would require permission from the utility companies.

I don't see anything wrong on those two counts.

The neighbors that ignored those items risk having to tear out their driveways if they needed a permit or if a utility company has to work beneath the driveway.

How can this be legal?

Things are "legal" if there are no laws preventing them. However, it could be breach of contract if the HOA is not following the terms of the CC&Rs. If they aren't, you are free to go to court about it.

 

[Longsally1112]

when we spoke to the utility company, they said that they don't give permission for people to pour cement on their own property. The lines on our property are our responsibility....but the HOA insisted we get letters and we were unable to. Then they asked for building permits. We went to get one, only to be told that you don't need a building permit for a cement slab.....get the idea? Of course we marked the utility lines to prevent damage while digging. but the rest wasn't asked of anyone before us or since..... I would love to put the hoop back but we got rid of it....and my kids are older now and wouldn't use it. This board is going off in February and I do believe that the new board will apply the rules fairly.

 

[justalayman]

If you have utility lines on your property, if you damage them, you will be liable for all damages caused. Just a bit of warning: many subdivisions have underground feeders using high voltage. If you strike one while excavating for your concrete and forms, somebody may die.

The issue with the utilities is to have the underground utilities located so nobody dies.

The other issue, and one the utility company does have a right to deny your slab, is if you are pouring over an easement. The owner of the easement absolutely does have a right to deny your intended use if it would affect their access and maintenance of their utilities.


As to not needing a building permit: can you get a statement from the building department stating that? It may help curtail questions and further delays.

 

[adjusterjack]

As to not needing a building permit: can you get a statement from the building department stating that?

Either that or a print out of the city building code that says what does and doesn't need a permit. Codes are often specific about that.

 

[Longsally1112]

The next thing that happened is we had a party in January on a rainy dark night so we had all the cars park in our driveway since we live on a curve and when we were full, we had one car park on the grass next to our home. The car was there for 3 hours and then the party ended and the car was taken home with the owner. We recieved a letter from the HOA telling us that we cannot park on the grass. I decided to see if the rules were being applied correctly and reported a neighbor in the back of the subdivision about 7 times for parking on the grass WITH pictures included. I was told that the neighbor was pouring a cement slab in the future. I then pointed out that we were not allowed to park illegally while our slab was being poured AND we recieved the nasty letter about the car that was parked on the grass for 3 hours but this car was parked on the grass for 6-7 weeks. We found out they never got a letter. Hubby thinks that the letters about parking, along with the basketball hoops, along with the neighbors that have placed fences with no permission and had nothing happen while we are being dragged through the mud to put up a temporary pergola in the backyard shows that the rules are not being applied fairly and that we could take the HOA to small claims court for harassment. He doesnt want money, we just wantsto be left alone......

 

[adjusterjack]

That's what you get for living in an HOA. HOA NAZIs who have nothing better to do than mind everybody's business and go on power trips.

 

[Longsally1112]

That's what you get for living in an HOA. HOA NAZIs who have nothing better to do than mind everybody's business and go on power trips.

this board is out in January!!!! I have friends in the neighborhood who want on the board and I am going to nominate them. If there are not enough people and anyone of the 5 "volunteer" to stay, I will volunteer to be on it.....god help me. First thing to go...the basketball hoops which the covenants and restrictions CLEARLY say we cannot have.....

 

[PayrollHRGuy]

So you are going to be the new HOA NAZI.

Good luck.

 

[Longsally1112]

So you are going to be the new HOA NAZI.

Good luck.

nope......just want to get the people that are making us all miserable out.....this was a great place to live until this board went on......

 

[Victor Newman]

It was not clear to me that you have a print copy of the CC&Rs....do you ? Why not talk to others in the HOA and vote the Directors out along with President and VP ?