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Subdivision Covenents

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dtobia

Guest
What is the name of your state? Georgia

How much power does a subdivision architectual commitee board have regarding items they claim to be in violation? Our architectual committee claims that we are in violation of our subdivion covenants because our newly installed playset is in view of the main road. They have not, however, indicated what will result if we cannot comply. We have made every effort to conceal the playset with leyland cypress trees (we planted a total of 41 nine and ten foot trees to help hide it), but it will be atleast one year before it is completely hidden from the main road. Many of our neighbors have complemented us saying how 'nice' it looks and have in no way indicated that it was obtrusive. Also, there are atleast 10 other homes in our subdivion who have had playsets up for many years without complaint from the architectual commitee. I would like to mention that the price range of the homes in our subdivision starts in the $400,000's to the $800,000's(ours being on the higher side). The playset that we have has a price tag over $5000 and is anything but tacky. Taking the playset down is out of the question unless we will endure unavoidable monetary penalties. Is there anything you can tell me about our rights without having to actually review our bylaws? If I need legal assistance, what specific type of real estate attorney would I need? Thank you!
 


HomeGuru

Senior Member
dtobia said:
What is the name of your state? Georgia

How much power does a subdivision architectual commitee board have regarding items they claim to be in violation? Our architectual committee claims that we are in violation of our subdivion covenants because our newly installed playset is in view of the main road. They have not, however, indicated what will result if we cannot comply. We have made every effort to conceal the playset with leyland cypress trees (we planted a total of 41 nine and ten foot trees to help hide it), but it will be atleast one year before it is completely hidden from the main road. Many of our neighbors have complemented us saying how 'nice' it looks and have in no way indicated that it was obtrusive. Also, there are atleast 10 other homes in our subdivion who have had playsets up for many years without complaint from the architectual commitee. I would like to mention that the price range of the homes in our subdivision starts in the $400,000's to the $800,000's(ours being on the higher side). The playset that we have has a price tag over $5000 and is anything but tacky. Taking the playset down is out of the question unless we will endure unavoidable monetary penalties.

**A: I fully understand your situtation. The HOA board has power, Read your CC&R's th at were provided to you before you bought your expensive property.
********

Is there anything you can tell me about our rights without having to actually review our bylaws?

**A: no. This is not Aunt Cleo's website.
*******
If I need legal assistance, what specific type of real estate attorney would I need? Thank you!

**A: a HOA one.
 

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