Neighbor Annexed Common Area

[gmcelroy]

What is the name of your state? Virginia

I live in a townhouse and one of my neighbors (A real neighboorhood jerk unfortunately) annexed the common area adjacent to his home by installing numerous bushes, rocks and benchs on common area land back in April (which matchs the landscaping on his own property). In other words, it makes his lot look twice as large.

I hired an attorney and filed suit against him a few weeks ago since he may have violated the property rights and restrictive covenants of our home owners association. This individual provided a response to my lawyer indicating that the Association BOD's has the authority to govern the common area and he will seek approval for these improvements at the next board meeting on 9/12. This person is 'well connected' with the president of the board whom has now also planted bushes on the common area next to his home as recently as two days ago.

My attorney now has to perform due dilligence to determine if we can prevent this BOD approval from taking place. However, he does not sound too hopeful at this time.

Does anyone have any thoughts on this

 

[HomeGuru]

What is the name of your state? Virginia

I live in a townhouse and one of my neighbors (A real neighboorhood jerk unfortunately) annexed the common area adjacent to his home by installing numerous bushes, rocks and benchs on common area land back in April (which matchs the landscaping on his own property). In other words, it makes his lot look twice as large.

I hired an attorney and filed suit against him a few weeks ago since he may have violated the property rights and restrictive covenants of our home owners association. This individual provided a response to my lawyer indicating that the Association BOD's has the authority to govern the common area and he will seek approval for these improvements at the next board meeting on 9/12. This person is 'well connected' with the president of the board whom has now also planted bushes on the common area next to his home as recently as two days ago.

My attorney now has to perform due dilligence to determine if we can prevent this BOD approval from taking place. However, he does not sound too hopeful at this time.

Does anyone have any thoughts on this

**A: hire another attorney to enforce the condo CC&R's. A condo unit owner has no right to use the common and.or limnited common areas in such a manner. Also, have all the other owners sign a petition against this person and present same to the Board at the next meeting.