Homeowner's Association

[leafinator]

What is the name of your state? Georgia

I have lived in my neighborhood for the past 2 1/2 years and have been frustrated by the many rules of the homeowner's association. One such rule, as an example, is no free standing buildings are allowed. As my garage is small, I really need to have a shed of some sort to store lawn mowing equipment etc...

While speaking with someone recently they told me that they contacted their property management company about something similar. What they were told is what I want to verify here. They were told that if they have a fence in their back yard (which I do) and it goes right up to the house (which it does) than property law makes it a part of the house and what's inside the fence makes it the same as what's inside your house which the homeowner's association has no legal claim to. They went on to explain that the homeowner's association could have in the by-laws that everyone in the neighborhood must pay a $1 toll for passing Mr. Smith's house but that doesn't make it legal.

To summarize my question, is it correct that legally the homeowner's association has no say of what I do or don't put in my back yard because it's fenced in?

Thanks in advance and please let me know if I've posted this in the wrong area.

--Leafinator

 

[divgradcurl]

What is the name of your state? Georgia

I have lived in my neighborhood for the past 2 1/2 years and have been frustrated by the many rules of the homeowner's association. One such rule, as an example, is no free standing buildings are allowed. As my garage is small, I really need to have a shed of some sort to store lawn mowing equipment etc...

While speaking with someone recently they told me that they contacted their property management company about something similar. What they were told is what I want to verify here. They were told that if they have a fence in their back yard (which I do) and it goes right up to the house (which it does) than property law makes it a part of the house and what's inside the fence makes it the same as what's inside your house which the homeowner's association has no legal claim to. They went on to explain that the homeowner's association could have in the by-laws that everyone in the neighborhood must pay a $1 toll for passing Mr. Smith's house but that doesn't make it legal.

To summarize my question, is it correct that legally the homeowner's association has no say of what I do or don't put in my back yard because it's fenced in?

Thanks in advance and please let me know if I've posted this in the wrong area.

--Leafinator

That is not a correct statement. If you have contacted your homeowner's association about putting up a shed in your backyard, and they said no, contact a local attorney with experience dealing with homeowner's associations, he or she will be able to review your CC&R's and bylaws and be able to tell you what the limits of the HOA's authority is.

 

[shell007]

What is the name of your state? Georgia

I have lived in my neighborhood for the past 2 1/2 years and have been frustrated by the many rules of the homeowner's association. One such rule, as an example, is no free standing buildings are allowed. As my garage is small, I really need to have a shed of some sort to store lawn mowing equipment etc...

While speaking with someone recently they told me that they contacted their property management company about something similar. What they were told is what I want to verify here. They were told that if they have a fence in their back yard (which I do) and it goes right up to the house (which it does) than property law makes it a part of the house and what's inside the fence makes it the same as what's inside your house which the homeowner's association has no legal claim to. They went on to explain that the homeowner's association could have in the by-laws that everyone in the neighborhood must pay a $1 toll for passing Mr. Smith's house but that doesn't make it legal.

To summarize my question, is it correct that legally the homeowner's association has no say of what I do or don't put in my back yard because it's fenced in?

Thanks in advance and please let me know if I've posted this in the wrong area.

--Leafinator

Your property is YOUR property...FENCE OR NOT! However...YOU were more than likely given a copy of the HOA rules at/before your closing. It's no ones fault that YOU purchased a home that did not have enough storage space.

If "in the end" the HOA says " NO STORAGE UNITS"...THEN...NO storage units.

Follow the rules or move!!! Your choice.

and Yes....I happen to be on the board for our local HOA!!!

 

[divgradcurl]

Your property is YOUR property...FENCE OR NOT! However...YOU were more than likely given a copy of the HOA rules at/before your closing. It's no ones fault that YOU purchased a home that did not have enough storage space.

If "in the end" the HOA says " NO STORAGE UNITS"...THEN...NO storage units.

Follow the rules or move!!! Your choice.

and Yes....I happen to be on the board for our local HOA!!!

And that's why I made sure that the CC&R's in my neighborhood did NOT allow for an HOA before I bought my current house -- the last thing I wanted was someone telling me what I could and couldn't do on my own property.

 

[shell007]

And that's why I made sure that the CC&R's in my neighborhood did NOT allow for an HOA before I bought my current house -- the last thing I wanted was someone telling me what I could and couldn't do on my own property.

Completely understandable. The difference is, YOU made a conscious decision about what YOU wanted vs. DIDN'T want, and YOU made your choices accordingly.

The OP...on the other hand...CHOSE to have a HOA and NOW is looking for a way to get AROUND the rules.

 

[divgradcurl]

Completely understandable. The difference is, YOU made a conscious decision about what YOU wanted vs. DIDN'T want, and YOU made your choices accordingly.

The OP...on the other hand...CHOSE to have a HOA and NOW is looking for a way to get AROUND the rules.

HOA's don't have unlimited authority, so that's why the OP should talk with an attorney if the HOA won't work with him.

 

[shell007]

HOA's don't have unlimited authority, so that's why the OP should talk with an attorney if the HOA won't work with him.

Fine...Great...by all means "GET AN ATTORNEY" so that he can FIGHT the rules that he knowingly agreed to in the first place and NOW does not want to abide by.

Whatever!!!

No more arguments from me!

 

[leafinator]

Your property is YOUR property...FENCE OR NOT! However...YOU were more than likely given a copy of the HOA rules at/before your closing. It's no ones fault that YOU purchased a home that did not have enough storage space.

If "in the end" the HOA says " NO STORAGE UNITS"...THEN...NO storage units.

Follow the rules or move!!! Your choice.

and Yes....I happen to be on the board for our local HOA!!!

Geez man...talk about a waste of time reading this response. If you have nothing further to add to the responses than please don't waste my time or other's with bad attitude laced responses to make yourself look big and bad. All you did was make yourself look like a jackass. (rolling my eyes in disbelief)

divgradcurl - thanks for the response. I had a feeling it wasn't true but thought I'd find out anyway. This is my first experience with HOA as they didn't have them where I grew up and I was never given an opportunity to look at any paperwork before closing to see just what the HOA was about. There are many alternatives that are less costly than a shed and easier to put in because of the slope that is my back yard so I'll just use one of the alternatives. Have a great day and thanks again for the helpful answer!

 

[shell007]

Geez man...talk about a waste of time reading this response. If you have nothing further to add to the responses than please don't waste my time or other's with bad attitude laced responses to make yourself look big and bad. All you did was make yourself look like a jackass. (rolling my eyes in disbelief)

divgradcurl - thanks for the response. I had a feeling it wasn't true but thought I'd find out anyway. This is my first experience with HOA as they didn't have them where I grew up and I was never given an opportunity to look at any paperwork before closing to see just what the HOA was about. There are many alternatives that are less costly than a shed and easier to put in because of the slope that is my back yard so I'll just use one of the alternatives. Have a great day and thanks again for the helpful answer!

My response was only a waste of time for you BECAUSE you did not like what I had to say.

Abide by the HOA rules or move!

It really is BLACK AND WHITE...NO gray!!

However...it is your right to "pick and choose" the answer you want to hear!

 

[divgradcurl]

My response was only a waste of time for you BECAUSE you did not like what I had to say.

Abide by the HOA rules or move!

It really is BLACK AND WHITE...NO gray!!

However...it is your right to "pick and choose" the answer you want to hear!

The problem, of course, is that the HOA rules are not always "black and white" -- a lot of the restrictions that a HOA enforces are based on the decisions of the HOA itself. And the HOA is made up of people, like yourself, who may follow the bylaws very closely, or may have their own agendas to follow. In the HOA in the neighborhood next to my house, the HOA voted to hire an attorney to help break a deadlock in a case where a homeowner had painted their house an approved shade of beige, but hadn't received authorization first from the HOA. Two board members said who cares, one abstained, and two wanted the homeowner to repaint their house AND pay a fine. That's the kind of BS that can happen in an HOA, that's why I wouldn't buy a house where an HOA existed, and that's why I always recommend a homeowner consult with an attorney if they feel that the HOA is abusing their power, because they very well may be.

And besides, as the OP correctly noted, just because an HOA makes a ruling, or because a particular rule is in the bylaws or CC&R's, it doesn't necessarily mean that a particular rule or bylaw is legal or enforceable. I realize that as a member of the HOA you'd like to believe that it's black or white, but oftentimes it just isn't.

 

[shell007]

The problem, of course, is that the HOA rules are not always "black and white" -- a lot of the restrictions that a HOA enforces are based on the decisions of the HOA itself. And the HOA is made up of people, like yourself, who may follow the bylaws very closely, or may have their own agendas to follow. In the HOA in the neighborhood next to my house, the HOA voted to hire an attorney to help break a deadlock in a case where a homeowner had painted their house an approved shade of beige, but hadn't received authorization first from the HOA. Two board members said who cares, one abstained, and two wanted the homeowner to repaint their house AND pay a fine. That's the kind of BS that can happen in an HOA, that's why I wouldn't buy a house where an HOA existed, and that's why I always recommend a homeowner consult with an attorney if they feel that the HOA is abusing their power, because they very well may be.

And besides, as the OP correctly noted, just because an HOA makes a ruling, or because a particular rule is in the bylaws or CC&R's, it doesn't necessarily mean that a particular rule or bylaw is legal or enforceable. I realize that as a member of the HOA you'd like to believe that it's black or white, but oftentimes it just isn't.

So noted!!!

It's always good to have a difference of opinions!!!

You have yours....I have mine!!!

No hard feelings!

 

[divgradcurl]

Fine...Great...by all means "GET AN ATTORNEY" so that he can FIGHT the rules that he knowingly agreed to in the first place and NOW does not want to abide by.

Whatever!!!

No more arguments from me!

We haven't read the bylaws or CC&R's, we don't know what the HOA has said to this guy other than what he's written. Based on what he has written, he probably doesn't have much of a leg to stand on -- but we don't know the details, that's why talking with an attorney can be helpful.

The words of the HOA are not the be-all-end-all in the neighborhood.

 

[shell007]

We haven't read the bylaws or CC&R's, we don't know what the HOA has said to this guy other than what he's written. Based on what he has written, he probably doesn't have much of a leg to stand on -- but we don't know the details, that's why talking with an attorney can be helpful.

The words of the HOA are not the be-all-end-all in the neighborhood.

True!!!

It's just aggravating (to say the least) when law's are put in place for a REASON..and EVERYONE wants to find a way to get around them.

 

[mb94]

True!!!

It's just aggravating (to say the least) when law's are put in place for a REASON..and EVERYONE wants to find a way to get around them.

Especially when the people who most want to get around the rules are also the ones who complain the loudest when someone else breaks them. Our neighborhood busybody has had an RV taking up a whole side of the street for a week and a half and is saying she shouldn't have to follow the rule about street parking because she can't afford to keep the thing in storage anymore. Of course when the guy down the road had a broken car sitting outside while he waited for payday to come she was the first one to report him. I guess it's different because it's happening to her.

I may not always agree with the HOA but I know that's what I get for deciding to live here.

 

[shell007]

Especially when the people who most want to get around the rules are also the ones who complain the loudest when someone else breaks them. Our neighborhood busybody has had an RV taking up a whole side of the street for a week and a half and is saying she shouldn't have to follow the rule about street parking because she can't afford to keep the thing in storage anymore. Of course when the guy down the road had a broken car sitting outside while he waited for payday to come she was the first one to report him. I guess it's different because it's happening to her.

I may not always agree with the HOA but I know that's what I get for deciding to live here.

THANK YOU!!!