What is the name of your state? Georgia
Hello all,
I need help with my HOA, I want to install a fountain in front of my yard, similar to a fountain that another neighbor in my subdivision already has in front of their house. (Same size and similar design) However after I asked for permission they did give my a permit, I disputed their decision and met with all the members and they denied giving my permission again.
I would like to know my options. Specially since another neighbor already has a fountain in front of their house.
After looking into my HOA Covenants, it states that:
8.02 Right of Abatement.
(b) The Right of Abatement, as used in this Section and Sections 5.11 and 6.14 hereof, means the rights of the Association, through its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the cost thereof, including the costs of collection and reasonable attorneyís fees, together with interest thereon at the lower of the highest rate ;permitted by law or 10% to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Ownerís Lot enforceable pursuant to the provisions of Section 8.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt, or other instrument, excepting only (i) such liens for taxes or other public charges as are by applicable law made superior, (ii) the liens crated by Section 4.01 hereof and (iii) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a lot or lots (together with any and all Structures which may from time to time be placed or located thereon) and (2) to finance and construction, repair or alteration of Structures.
What does this mean?
If I take them to court and try to fight this case and loose, do I pay for their attorney fee?
Or is this only when I commit an wrongful act and THEY take my to court for it?
Any help, advice or opinion regarding to this case would be much appreciate.
Thank you!
Hello all,
I need help with my HOA, I want to install a fountain in front of my yard, similar to a fountain that another neighbor in my subdivision already has in front of their house. (Same size and similar design) However after I asked for permission they did give my a permit, I disputed their decision and met with all the members and they denied giving my permission again.
I would like to know my options. Specially since another neighbor already has a fountain in front of their house.
After looking into my HOA Covenants, it states that:
8.02 Right of Abatement.
(b) The Right of Abatement, as used in this Section and Sections 5.11 and 6.14 hereof, means the rights of the Association, through its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the cost thereof, including the costs of collection and reasonable attorneyís fees, together with interest thereon at the lower of the highest rate ;permitted by law or 10% to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Ownerís Lot enforceable pursuant to the provisions of Section 8.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt, or other instrument, excepting only (i) such liens for taxes or other public charges as are by applicable law made superior, (ii) the liens crated by Section 4.01 hereof and (iii) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a lot or lots (together with any and all Structures which may from time to time be placed or located thereon) and (2) to finance and construction, repair or alteration of Structures.
What does this mean?
If I take them to court and try to fight this case and loose, do I pay for their attorney fee?
Or is this only when I commit an wrongful act and THEY take my to court for it?
Any help, advice or opinion regarding to this case would be much appreciate.
Thank you!
