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Message
Neighbor Restrictions: Plan disapproved due to adjacent Lot violation
Posted on 3/18/16 at 10:38 pm
Posted on 3/18/16 at 10:38 pm
A relatively new neighborhood development is subject to subdivision restrictions and protective covenants recorded by the Developer.
The restrictions require approval of the plans by the Commitee (aka the Developer) before building. Let's say the Commitee will not approve the plans despite no violations whatsoever.
The issue is that the adjacent Lot owner's driveway was apparently placed on the wrong side of their Lot such that driveway of the owner seeking plan approval would be directly next to the adjacent owner's driveway unless the house plans are completely changed to a front loader. The same problem exists if the driveway was placed on the other side of the Lot, though that adjacent owner's driveway placement is correct according to the driveway layout plan.
Are there any options or recourse here? Or are you SOL and basically subject to the will of the Developer regardless of plans being in complete compliance with all restrictions and convenants?
The restrictions require approval of the plans by the Commitee (aka the Developer) before building. Let's say the Commitee will not approve the plans despite no violations whatsoever.
The issue is that the adjacent Lot owner's driveway was apparently placed on the wrong side of their Lot such that driveway of the owner seeking plan approval would be directly next to the adjacent owner's driveway unless the house plans are completely changed to a front loader. The same problem exists if the driveway was placed on the other side of the Lot, though that adjacent owner's driveway placement is correct according to the driveway layout plan.
Are there any options or recourse here? Or are you SOL and basically subject to the will of the Developer regardless of plans being in complete compliance with all restrictions and convenants?
This post was edited on 3/18/16 at 10:41 pm
2
Posted on 3/19/16 at 7:41 am to Golfer2012
I've been on my HOA board for years and we have about 5 houses built a year. If you own the lot and this is a significant financial impact, meet with a lawyer. What the developer tells you and what your legal rights are, are 2 separate things.
It's pretty hard to tell you anything else without more specific city, neighborhood, and state laws.
It's pretty hard to tell you anything else without more specific city, neighborhood, and state laws.
Posted on 3/19/16 at 12:20 pm to baldona
If the neighbor's trust each other, sign the property title over to the one, then immediately back to the other afterwards.
The title confusion absolves the original lot owner of developer covenants.
Just had a discussion in class about this as a potential workaround from HOA dues as well.
The title confusion absolves the original lot owner of developer covenants.
Just had a discussion in class about this as a potential workaround from HOA dues as well.
Posted on 3/19/16 at 1:02 pm to Golfer2012
Well your plans would be in violation bc 2 driveways would be adjacent to one another, which is against the rules correct?
Have you already purchased the lot? I hope you haven't bc it's always best to make your plans being approved by the developer a contingency of your lot purchase. That way you aren't stuck with a lot that you can't build what you want on. Plus this gives the developer incentive to approve your plans. B/C this way, if they don't approve your plans,they don't get a sale.
Have you already purchased the lot? I hope you haven't bc it's always best to make your plans being approved by the developer a contingency of your lot purchase. That way you aren't stuck with a lot that you can't build what you want on. Plus this gives the developer incentive to approve your plans. B/C this way, if they don't approve your plans,they don't get a sale.
Posted on 3/19/16 at 1:47 pm to GFunk
quote:
If the neighbor's trust each other, sign the property title over to the one, then immediately back to the other afterwards.
The title confusion absolves the original lot owner of developer covenants.
Just had a discussion in class about this as a potential workaround from HOA dues as well.
I'm not going to give an actual legal opinion in this thread. But I will say that what you have said seems to be incorrect.
OP - go see a lawyer. As someone else mentioned there are a lot of variable not given in the OP.
Posted on 3/19/16 at 3:21 pm to rmc
quote:
I'm not going to give an actual legal opinion in this thread. But I will say that what you have said seems to be incorrect.
OP - go see a lawyer. As someone else mentioned there are a lot of variable not given in the OP.
quote:
rmc
Actually had the discussion on avoidance of HOA fees. It was with an attorney teaching our class. I am more than likely leaving info out. But title confusion on two pieces of adjacent property nullifies previous covenants that aren't enforced by municipal ordinance.
Again, I haven't even stayed in a Holiday Inn but this was an interesting example given.
This post was edited on 3/19/16 at 3:22 pm
Posted on 3/20/16 at 7:21 am to GFunk
I'm not an attorney, but that's ludicrous. There's a date the dues are due and whoever is the title holder on that date owes them. Period. Why anyone would want out of HOA dues and not just move is beyond me, if you don't agree with them why do you live there?
Again, the OP needs to spend the $400 some
Odd dollars and have a lawyer that specializes in real estate Look that this.
I agree with the above and the lesson for everyone here is to get some sort of plans approved before purchasing a lot from a developer.
Again, the OP needs to spend the $400 some
Odd dollars and have a lawyer that specializes in real estate Look that this.
I agree with the above and the lesson for everyone here is to get some sort of plans approved before purchasing a lot from a developer.
Posted on 3/20/16 at 10:46 am to baldona
Agree that is silly to purchase a restricted lot w/HOA and immediately start scheming to get out of the dues and restrictions. If you're unhappy with a front load style, sell the lot and buy another one. Or go have a chat with the developer and work out a swap to get a lot you prefer. Any legal action is going to cost you money and aggravation, with absolutely no guarantee of success.
I live in a highly restricted neighborhood, and it's not for everyone. If you chafe at the restrictions, do everyone in the 'hood a favor and live elsewhere. I can tell you from personal experience--the constant bitching from ppl unhappy with restrictions are the bane of every other neighbors' existence. If you perceive cooperation and compromise as failure, live elsewhere. If you enjoy being contrary, pick a different area.
I live in a highly restricted neighborhood, and it's not for everyone. If you chafe at the restrictions, do everyone in the 'hood a favor and live elsewhere. I can tell you from personal experience--the constant bitching from ppl unhappy with restrictions are the bane of every other neighbors' existence. If you perceive cooperation and compromise as failure, live elsewhere. If you enjoy being contrary, pick a different area.
Posted on 3/20/16 at 12:11 pm to GFunk
quote:
If the neighbor's trust each other, sign the property title over to the one, then immediately back to the other afterwards. The title confusion absolves the original lot owner of developer covenants. Just had a discussion in class about this as a potential workaround from HOA dues as well.
Assuming there's a mortgage I'm guessing the lender will have a small issue with this. I'm also guessing the HOA will still slap lien on property and take you to court, eating up the entire communities reserve funds.
And I bet the farm you still lose the judgement.
Posted on 3/20/16 at 1:42 pm to GFunk
Any sale of property in the neighborhood is subject to the restrictions on file at the time of the sale, or in this case the dation of the property. There is no way this would fly, as the other poster mentioned the HOA would just file a lien on the property, fighting an HOA is a bitch, I battled mine fresh out of college in a condo I lived in for years. When I sold it I had to swallow my pride and pony up the disputed cash or try and incur thousands more in legal fees and time.
Posted on 3/21/16 at 10:46 am to LSU-MNCBABY
If I understand what you are asking...
The adjacent owner built his driveway in violation of the restrictions. Since then, the HOA has not forced him to fix it. How long have they allowed this violation to remain in place? If it's longer than two years, then they have "waived" that restriction for your adjacent owner. Then, I'd argue that the HOA's decision to waive that restriction for this landowner resulted in the abandonment of that restriction for you and all of your neighbors--and you are no longer subject to the driveway rules.
Art. 782. Abandonment of plan or of restriction.
Building restrictions terminate by abandonment of the whole plan or by a general abandonment of a particular restriction. When the entire plan is abandoned the affected area is freed of all restrictions; when a particular restriction is abandoned, the affected area is freed of that restriction only.
The adjacent owner built his driveway in violation of the restrictions. Since then, the HOA has not forced him to fix it. How long have they allowed this violation to remain in place? If it's longer than two years, then they have "waived" that restriction for your adjacent owner. Then, I'd argue that the HOA's decision to waive that restriction for this landowner resulted in the abandonment of that restriction for you and all of your neighbors--and you are no longer subject to the driveway rules.
Art. 782. Abandonment of plan or of restriction.
Building restrictions terminate by abandonment of the whole plan or by a general abandonment of a particular restriction. When the entire plan is abandoned the affected area is freed of all restrictions; when a particular restriction is abandoned, the affected area is freed of that restriction only.
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