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Need an Attorney regarding neighborhood by-laws

Posted on 10/10/14 at 10:06 am
Posted by Tiger Vision
Mandeville
Member since Jan 2005
3705 posts
Posted on 10/10/14 at 10:06 am
My neighbors and I are in a dispute with the developer of our neighborhood and a builder who is buying up lots to build houses that do not meet the standards set forth in the by-laws. The neighborhood does not yet have an HOA formed and is just over 50% occupied. All of the current occupants want to do something in regards to stopping them from filling the neighborhood with houses far below the value of the existing homes. What are our options? We are ready to seek an Attorney. What type of specialty should we look for when seeking legal council and does anyone have a recommendation in the Baton Rouge area?

They are advertising much smaller homes at $20 per sq. ft less than the current homes are appraising for and about $60k to $100k cheaper.
This post was edited on 10/10/14 at 10:10 am
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
38741 posts
Posted on 10/10/14 at 10:13 am to
What specific restrictions are they violating?
Posted by Tiger Vision
Mandeville
Member since Jan 2005
3705 posts
Posted on 10/10/14 at 10:14 am to
Some are related to construction / design.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 10/10/14 at 10:30 am to
quote:

My neighbors and I are in a dispute with the developer of our neighborhood and a builder who is buying up lots to build houses that do not meet the standards set forth in the by-laws.
What "by laws"?
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 10/10/14 at 10:32 am to
Man that sucks for the current owners. I'm no help, but I can remember my parents went through a similar ordeal when they built their house when I was in high school. That neighborhood was 90% complete though and it was only 2 or 3 houses in question. I forget what the resolution was, but those houses are still there 20 years later, so I'm guessing there was no resolution.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37116 posts
Posted on 10/10/14 at 10:37 am to
Not an attorney, so I'm interest to see what the attorneys say. I wonder if the current homeowners have standing to sue, do they have damanges, etc. You say there is no HOA, did the developer file the covenants with the local government? Do you know if the developer changed the covenants to allow this lower priced construction?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37116 posts
Posted on 10/10/14 at 10:39 am to
This is also why I never buy in brand-new neighborhoods. If I'm going to buy a new house, I'm going to wait until it's 80 percent or so built out. I might pay a little bit more, but it's a whole lot less risk.

There's a lot of 1/3 built neighborhoods in the Livingston/Ascension areas that I can see this becoming a problem, as there has been little to no activity in recent years. Seems like a lot of those hoods were thrown together post-Katrina thinking of a permanent bump in residents that never materialized.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 10/10/14 at 10:48 am to
quote:

You say there is no HOA,
Which is why I asked "what by-laws?"

Posted by LSUFanHouston
NOLA
Member since Jul 2009
37116 posts
Posted on 10/10/14 at 10:55 am to
If I had to guess, there is an HOA, which is controlled by the developer, as is the case in developing subdivisions, and the developer filed an amended set of covenants when they filed a second plat, and that's where we are.

Completely legal. Sucks for the current homeowners, though.
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