Vague wording of CC&Rs and enforceability

[mauledbyjesus]

What is the name of your state (only U.S. law)? TX

The demand:"Your yard needs to be mowed. Please see that corrective actions are taken within 10 days."

The deed restriction of which I am apparently in violation:

Section: Use of land - General

[Nothing shall] be done [upon any lot] which may be or become noxious or offensive or any annoyance or nuisance to the neighborhood.

The lawn service is coming tomorrow, but my question is, can wording this vague stand up to scrutiny in civil court? This is the same restriction cited when I left my trash can in front of my garage for more than a day after garbage day.

Should I write and request clarification? What clarification could be given that doesn't actually exist in the CC&Rs?What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? TX

The demand:"Your yard needs to be mowed. Please see that corrective actions are taken within 10 days."

The deed restriction of which I am apparently in violation:



The lawn service is coming tomorrow, but my question is, can wording this vague stand up to scrutiny in civil court? This is the same restriction cited when I left my trash can in front of my garage for more than a day after garbage day.

Should I write and request clarification? What clarification could be given that doesn't actually exist in the CC&Rs?What is the name of your state (only U.S. law)?

**A: yes you can write.

 

[tranquility]

You will never win such a dispute in civil court. Your job is to convince the board you are correct or to win elections.

They will defend their interpretation in court with HOA money. You will have to prosecute the case with your money. Neighbors will know you are costing them their fees for your battle. Unless they really, really, agree with you, what will they think.

I know, you're 100% right and the HOA is wrong. They are unfair and petty tin-horned dictators and the association should be hauled away as garbage, but, they have the power. They win by default up front and have huge money, organizational and legal advantages.

For a discussion of definitions?

 

[HomeGuru]

You will never win such a dispute in civil court. Your job is to convince the board you are correct or to win elections.

They will defend their interpretation in court with HOA money. You will have to prosecute the case with your money. Neighbors will know you are costing them their fees for your battle. Unless they really, really, agree with you, what will they think.

I know, you're 100% right and the HOA is wrong. They are unfair and petty tin-horned dictators and the association should be hauled away as garbage, but, they have the power. They win by default up front and have huge money, organizational and legal advantages.

For a discussion of definitions?

**A: plus that, it is always about what the intent was of the authors. In this case, unsightly grass not mowed meets the intent of the language in the CC&R's.

 

[mauledbyjesus]

Fair enough, though it seems that the intent of this particular restriction is to cover every imaginable scenario without providing guidelines or detail of any sort -_-.

I guess now that it is Texas law that they have to notify us of elections and our votes have to be honored, it would be the right time to get into politics.

Thanks for your points of view. I'm just shocked that a prospective buyer could read the deed restrictions thoroughly and still have very little idea what is actually against the rules.

 

[CLJM]

Quite possibly, you will find that the recorded CC&R's are rather arbitrary and do not outline all the specifics in detail----rather, they may just stipulate the HOA's authority regarding situations and issues in general. The HOA Board, then has the authority to modify, amend, pass rules as "guidelines"....which detail the specifics---and, which are easily changed from time to time without the need to re-record--because the authority is already in place. These guildelines then become the "rule". When you received the original recorded documents at closing, they may have only been the recorded documents and not the "guidelines".

HOA's CC&R's are intentionally and purposefully written to be vague---- it is not the specifics that are important in the recorded documents so much as it is the POWER given for the HOA authority TO CREATE the rules that govern the community. The recorded documents are rarely changed---yet the "guidelines" are easily changed by simply a board vote.

 

[HomeGuru]

Fair enough, though it seems that the intent of this particular restriction is to cover every imaginable scenario without providing guidelines or detail of any sort -_-.

**A: that is correct.

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I guess now that it is Texas law that they have to notify us of elections and our votes have to be honored, it would be the right time to get into politics.

Thanks for your points of view. I'm just shocked that a prospective buyer could read the deed restrictions thoroughly and still have very little idea what is actually against the rules.

**A: you could attend Board meetings and ask for written clarification.

 

[CLJM]

Most people that serve as HOA Board of Directors are homeowners that have witnessed or have experienced what they perceive to be an injustice in the way the HOA operates or is managed. To have any credible and lasting imput, they run for a seat on the Board so they will have a greater voice to effect or uphold changes.

As a Board member myself--- when homeowners come before us to complain, first thing we do is encourage them to sign up for a committee and volunteer their time and efforts.