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Started By
Message
Mortgage question....sort of
Posted on 9/4/14 at 6:16 am
Posted on 9/4/14 at 6:16 am
I am trying to protect my investment.
What recourse does homeowners in a residential area have when a new builder comes into that subdivision and builds against the subdivisions bylaws?
What recourse does homeowners in a residential area have when a new builder comes into that subdivision and builds against the subdivisions bylaws?
This post was edited on 9/4/14 at 6:17 am
5
Posted on 9/4/14 at 6:47 am to delta3504
What exactly is this builder doing?
Posted on 9/4/14 at 7:12 am to delta3504
Sounds like an HOA issue
This recently happened in my neighborhood but the plans and designs were submitted to our HOA and had to be approved before the builder could build
This recently happened in my neighborhood but the plans and designs were submitted to our HOA and had to be approved before the builder could build
Posted on 9/4/14 at 8:38 am to delta3504
Need more info, but this happened in my neighborhood, and I reviewed all the bylaws about construction and architectural approval, and almost every section ended with "...or subject to the approval of the architectural committee", which basically means that the committee of 3 people can override any of the bylaws.
Posted on 9/4/14 at 9:53 am to LSUGUMBO
Who controls your HOA? If the HOA doesn't want it to happen, it won't. So unless the HOA is on your side, you may have no recourse.
Also, make sure you get your facts straight: read the by-laws and determine that your perceived violation is an actual one. Once you've determined that the issue is indeed a violation, write a clearly worded letter to the HOA expressing your concerns. Send it certified so you have a return receipt. Then follow up with a phone call to whoever controls the HOA (developer, board president, majority shareholder) and ask to discuss the matter. Don't go in screaming mad, go to ask for questions and clarifications.
I live in a heavily covenanted neighborhood with an HOA. 28 pages of regs, another sep 14 pages of design/construction regs. I hear residents bitching all the time about things that are "wrong" with this or that new build. 75% of the time, their objections are unfounded and merely based on hearsay. They "thought" that the HOA prohibited solar panels (it does not), or mandated at least 2500 sq ft (it does not). My better half is elected to the HOA board and spends most of his time telling people to "read the covenants and regulations". One neighbor tells another neighbor something, and it becomes gospel...but it is frequently wrong or distorted.
Also, make sure you get your facts straight: read the by-laws and determine that your perceived violation is an actual one. Once you've determined that the issue is indeed a violation, write a clearly worded letter to the HOA expressing your concerns. Send it certified so you have a return receipt. Then follow up with a phone call to whoever controls the HOA (developer, board president, majority shareholder) and ask to discuss the matter. Don't go in screaming mad, go to ask for questions and clarifications.
I live in a heavily covenanted neighborhood with an HOA. 28 pages of regs, another sep 14 pages of design/construction regs. I hear residents bitching all the time about things that are "wrong" with this or that new build. 75% of the time, their objections are unfounded and merely based on hearsay. They "thought" that the HOA prohibited solar panels (it does not), or mandated at least 2500 sq ft (it does not). My better half is elected to the HOA board and spends most of his time telling people to "read the covenants and regulations". One neighbor tells another neighbor something, and it becomes gospel...but it is frequently wrong or distorted.
This post was edited on 9/4/14 at 10:03 am
Posted on 9/4/14 at 10:32 am to delta3504
You try simply talking to the builder yet? That'd be the first thing I'd do.
Posted on 9/4/14 at 11:07 am to BeerMoney
im sure he is talking about buying a lot at a premium and only a few sell, so the developer dumps all the lots at a discounted rate to someone like DSLD and then builds a ton of spec homes which cause s the value of his home to fall on a p/sf basis. if i had to guess
Posted on 9/4/14 at 11:12 am to Happygilmore
basically what happened to my neighborhood, sorta
dsld bought the remaining lots that our builder couldnt sell
they are building a dozen or so spec homes with prices that were similar to the prices of the existing homes
they also look pretty similar to the current homes, so I don't have an issue with any of it
I'm actually hoping they sell a little higher to push comps up a little in our neighborhood as we plan to sell in the next couple of years
dsld bought the remaining lots that our builder couldnt sell
they are building a dozen or so spec homes with prices that were similar to the prices of the existing homes
they also look pretty similar to the current homes, so I don't have an issue with any of it
I'm actually hoping they sell a little higher to push comps up a little in our neighborhood as we plan to sell in the next couple of years
Posted on 9/4/14 at 1:06 pm to delta3504
The builder is DSLD and they are building spec homes that have siding that is visible form the streets. It clearly states in the bylaws that only brick home would be built and that vinyl siding could only be constructed in the rear of the house.
Posted on 9/4/14 at 1:17 pm to delta3504
So take photos of what is visible from the street...send copies of pix and letter to the HOA. Get as many neighbors as you can to sign, cc everything to the builder. Make a stink and see if you can get 'em to change.
Posted on 9/4/14 at 2:13 pm to hungryone
Will do. Thanks for your input.
Posted on 9/4/14 at 3:08 pm to Happygilmore
Can they get away with shite like this? Just come in and build irrespective of the HOA?
I think I'd still call them and ask what they think they're doing.
I think I'd still call them and ask what they think they're doing.
Posted on 9/4/14 at 3:25 pm to BeerMoney
quote:
Can they get away with shite like this? Just come in and build irrespective of the HOA?
Whether they can or not depends entirely on the HOA & what's written into the regs. If the HOA has conditional language (as a previous poster mentioned upthread) allowing for approval of variances by the architectural review committee, then said committee can indeed grant variances. It sucks, but it's also a reason to get involved in your HOA. It can be hard to get people to volunteer to deal with this stuff...everyone wants "enforcement" but no one wants to do the actual work.
Posted on 9/4/14 at 6:26 pm to hungryone
quote:
Who controls your HOA? If the HOA doesn't want it to happen, it won't. So unless the HOA is on your side, you may have no recourse.
While this is somewhat true, in newer developments often times the HOA is entirely controlled by the developer so they are approving their own projects. Talk about a conflict of interest. Anyway, in my neighborhood they approved several houses that didn't meet the requirements. Namely that 'similar' houses couldn't be build in line of sight of one another. It took residents of the 'similar' houses (which were actually identical) to sue in order to get the houses changed mid-construction.
My point is that your HOA doesn't have to be on your side, often times they are who you are against. The guidelines are legally binding to protect the homeowners and the "HOA" just can't ignore them to suit their interests.
Posted on 9/4/14 at 7:20 pm to Croacka
quote:
Croacka
You live in Plantation Lakes?
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