Lawsuits against Homeowner Associations

[MVZiller]

We are in Forsyth County, Georgia. We submitted a plan to our Archictural Control Committee through our homeowners association to build a specific brand name multi-sport athletic court in our backyard. We included a brochure and a company supplied videotape depicting the product and a court being constructed. the ACC waited 47 days to return the approval form, 17 days after the covenant deadline of "Obligation to Act" (30 days). The approval form stated "light pole should face back of yard". prior to construction, I met with the chairman of the ACC and requested that I be allowed to change the position of the light pole. His response was "that won't be a problem". We constructed the court, and we then recieved a letter from the chairman stating that while the court was approved, it was not "technically" approved. the chairman stated that we had to move the light back to the original position even though he verbally committed to the new location. because i have refused their demand, a lien has been placed on our property, and our priviledges have been suspended. The position of the homeowner association has been "you have to change it because we say so", and that because the specific components were not listed on the actual request for change form (but clearly dipicted in the videotape and liturature), and that they have to go by what is written. When I informed them that it is written in the declarations and covanants that any request for change submitted to the ACC must have a written response to the person requesting the change within 30 days, or that request is deemed approved, they ignore that particular paragraph, as if it does not exist. It appears we have to file a civil suit, as there is no other way to make the association observe their own rules. Unfortunately, every attorney we have spoken with says we will lose, as the association can chose which rules they wish to observe and which rules they wish to ignore. How is this possible? Any help at all would be appreciated.

[Edited by MVZiller on 06-24-2001 at 10:13 AM]

 

[HomeGuru]

Post too long.

 

[beth1020]

HOA

What does HomeGuru mean post too long? The details in this are important and reflect a problem I am having with a HOA, so I am interseted in a reply, too. Please help. Thank you.

 

[HomeGuru]

The posting instructions state in red letters, Be Brief. This means to post a short, concise statement of facts with a question such as a paragraph of 50 words or less. If I have to use my scroll down button to read your post then it is too long. If I need more info than what is provided, I will request said info.