HOA Suing Vet over Swing Set

[McKinneyTXHusker]

How have they "run amok"? If they have bylaws and the home owners didn't follow the bylaws then that's on the home owner. It's the obligation of the homeowner to know the rules.

Well, I confess I haven't seen the bylaws of this particular HOA. I've lived in HOA's where things like this required some kind of detailed plans submission, review and written approval - and I've lived in others where a verbal OK from the head of the Architectural Review Committee was sufficient. To be honest, I have no idea which this is, do you? If the former, then I concede your point - but I note that the wife says they received the latter. And if that's true, then that HOA officer was also guilty of not following the bylaws by offering his verbal approval.

I would not call this "high end". In fact I would call this...ghetto.

I admit, that's not the picture I've seen, and going back to the article I see they provided a picture of A swingset, rather than a picture of THE swingset - lazy media!

[Red Dead Redemption]

What would you call my old toilet I used for a planter?

Ghetto Chic?

Art.

I guess I should clarify: it's not old, it's still in use in my bathroom.
And I didn't use it for a planter, but it does have something growing in it.

[RedPhoenix]

Well, I confess I haven't seen the bylaws of this particular HOA. I've lived in HOA's where things like this required some kind of detailed plans submission, review and written approval - and I've lived in others where a verbal OK from the head of the Architectural Review Committee was sufficient. To be honest, I have no idea which this is, do you? If the former, then I concede your point - but I note that the wife says they received the latter. And if that's true, then that HOA officer was also guilty of not following the bylaws by offering his verbal approval.



I admit, that's not the picture I've seen, and going back to the article I see they provided a picture of A swingset, rather than a picture of THE swingset - lazy media!

According to the article the bylaws require written submission. And what if the wife is lying? Anyone that builds a swing set like that shouldn't be trusted.

[ChitownHusker]

I remember all the various brands, models, and versions of swingsets throughout our neighborhood as I was growing up. It boggles the mind to try to understand how a swingset like this (I've seen the pictures, its a high-end wooden set which apparently cost around $1200) can possibly be considered something that's bad just because portions of it are visible from adjacent properties, or the street. How utterly ridiculous!

An HOA is a contractual arrangement whereby people voluntarily submit to a host of covenants prior to purchasing the house. They do so in order to mutually preserve property values. I believe that parties have the right to contract as they wish, even to the point of stupidity. This may be a stupid covenant, but if the person agreed to be bound by the covenants when he purchased the house, and the swing set violates that covenant, and he did not seek a waiver from the covenant prior to installation, then I have no problem with holding him to his word. The HOA likely doesn't have a choice: if a neighbor is complaining about a covenant violation, and there is in fact a violation, then the HOA has a fiduciary obligation to enforce the covenants.

[McKinneyTXHusker]

An HOA is a contractual arrangement whereby people voluntarily submit to a host of covenants prior to purchasing the house. They do so in order to mutually preserve property values. I believe that parties have the right to contract as they wish, even to the point of stupidity. This may be a stupid covenant, but if the person agreed to be bound by the covenants when he purchased the house, and the swing set violates that covenant, and he did not seek a waiver from the covenant prior to installation, then I have no problem with holding him to his word. The HOA likely doesn't have a choice: if a neighbor is complaining about a covenant violation, and there is in fact a violation, then the HOA has a fiduciary obligation to enforce the covenants.

As with what RP said earlier, you're right - if that's the case. So far all I've seen is a verbal assertion during an interview of an HOA official that written approval is required, and verbal statements from the wife saying that a HOA official gave them verbal approval earlier. I guess "the devil's in the details" and I don't know where to get more details on this.

[utsker]

Stuff like this is why I will never live in an area with a HOA. You signed the papers Bub, now live with it.

no kidding..

[ChitownHusker]

As with what RP said earlier, you're right - if that's the case. So far all I've seen is a verbal assertion during an interview of an HOA official that written approval is required, and verbal statements from the wife saying that a HOA official gave them verbal approval earlier. I guess "the devil's in the details" and I don't know where to get more details on this.

Agreed. I don't know the specifics of this case either. My comment was directed to the notion of this being analagous to "big government." I see this as more of a private contractual relationship. It appears that the lesson of this case is always get it in writing.

[RedBlack&Blue]

The HOA is doing what it is supposed to do. I am more offended by the sensationalism of pointing out that he is a returning vet. That has no pull when it comes down to black and white. Thanks for your service, now take down the dam swing set.

Coudn't have said it better

An HOA is about as local as local control can get. Read the by laws before you move in.

[COsker]

a flag pole? really?

a basketball hoop? really?

this is just another episode of HOA gone amok.

We agree.

Something else the HOA has in common with big government, imo.

[Red Dead Redemption]

Coudn't have said it better

An HOA is about as local as local control can get. Read the by laws before you move in.

Or attend HOA meetings (or better yet serve on the board) and push to have it changed.

When our neighborhood was first formed, the HOA original bylaws had many restrictions regarding basketball hoops.
Many people complained, and the issue was hotly debated/argued at meetings for a year or two, but eventually the restrictions were loosened up.

[COsker]

An HOA is a contractual arrangement whereby people voluntarily submit to a host of covenants prior to purchasing the house. They do so in order to mutually preserve property values. I believe that parties have the right to contract as they wish, even to the point of stupidity. This may be a stupid covenant, but if the person agreed to be bound by the covenants when he purchased the house, and the swing set violates that covenant, and he did not seek a waiver from the covenant prior to installation, then I have no problem with holding him to his word. The HOA likely doesn't have a choice: if a neighbor is complaining about a covenant violation, and there is in fact a violation, then the HOA has a fiduciary obligation to enforce the covenants.

Too many laws and regulations these days. Just my opinion.

[Huskers57]

Too many laws and regulations these days. Just my opinion.

yup.

[ChitownHusker]

Too many laws and regulations these days. Just my opinion.

An HOA does not have laws or regulations. It has bylaws and covenants that people agree to be bound by. An HOA has power over a person only because the person contractually provides it with that power by signing a contractually binding document. That is not true of a governmental entity.

[Red Dead Redemption]

[Red Dead Redemption]

An HOA does not have laws or regulations. It has bylaws and covenants that people agree to be bound by. An HOA has power over a person only because the person contractually provides it with that power by signing a contractually binding document. That is not true of a governmental entity.

But the governmental entity of the city you live can arrest you for living within an HOA and paying dues.
On charges of solicitation of prostitution; i.e. you are paying your HOA to screw you.

[ChitownHusker]

But the governmental entity of the city you live can arrest you for living within an HOA and paying dues.
On charges of solicitation of prostitution; i.e. you are paying your HOA to screw you.

I don't look at it that way at all. I am paying my HOA to maintain basic standards in my neighborhood, which keeps the value of my house up. Property values tend to decline at the expiration of HOA covenants. I'm glad my neighbor can't park his RV in his driveway and put his rusted Pontiac Firebird on cement blocks in the front yard.

[Red Dead Redemption]

I don't look at it that way at all. I am paying my HOA to maintain basic standards in my neighborhood, which keeps the value of my house up. Property values tend to decline at the expiration of HOA covenants. I'm glad my neighbor can't park his RV in his driveway and put his rusted Pontiac Firebird on cement blocks in the front yard.

I agree. I'm just playing both sides of the fence (in #34 and #35).

And of course the height and design of that fence is regulated by the HOA.

[huskernut]

Generally speaking, people choose to buy property in a neighborhood that has an HOA. You don't have to buy property there if you don't like their rules and you don't have to buy property in any HOA if you don't like any extra HOA rules.

[cm husker]

Why is this guy's veteran status even mentioned?

Why is this even news?

[huskernut]

As with what RP said earlier, you're right - if that's the case. So far all I've seen is a verbal assertion during an interview of an HOA official that written approval is required, and verbal statements from the wife saying that a HOA official gave them verbal approval earlier. I guess "the devil's in the details" and I don't know where to get more details on this.

The reason written approval is required for something like this is it anticipates and avoids he-said/she-said disputes. She had an obligation to know written approval would be required and not to accept verbal approval. She may not be lying but if not she was at least naive and will know better next time. There's nothing wrong here.