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Started By
Message
1
Posted on 7/24/20 at 9:31 am to LSUButt
quote:
The best part about this is that this guy will lose and we will never hear about this “epic story”
If I lose, you will definitely hear about this, including the name of the President - and I’ll ask the OT to get on his case. And I’m moving in 4 weeks (possibly 3 if the buyer can close quicker), so it will definitely be settled by then.
Posted on 7/24/20 at 9:34 am to blueboxer1119
quote:You should attend next board meeting with pics of the new houses with painted brick.
They said it didn't "flow" with the rest of the neighborhood and they personally did not like painted brick...
Meanwhile, new construction is painting the brick. I even got the exact color from the builder and was still rejected.
Posted on 7/24/20 at 9:35 am to Bushwackers
Thanks.
Regarding expense, what is a reasonable fee to meet with an attorney for an hour to discuss what’s going on, then have him plead the case in the appeal before the Board (likely over Zoom)? I have no idea of what this should cost me. What cost does the OT think is reasonable?
Regarding expense, what is a reasonable fee to meet with an attorney for an hour to discuss what’s going on, then have him plead the case in the appeal before the Board (likely over Zoom)? I have no idea of what this should cost me. What cost does the OT think is reasonable?
Posted on 7/24/20 at 9:37 am to TigrrrDad
Tree fiddy
But, you knew that. Making me think this is an elaborate troll to tree fiddy replies.
Well done, good sir.
But, you knew that. Making me think this is an elaborate troll to tree fiddy replies.
Well done, good sir.
Posted on 7/24/20 at 9:41 am to The Mick
quote:
You should attend next board meeting with pics of the new houses with painted brick.
I took pictures of every painted brick house in the neighborhood and sent it in with my painting request. I was told no.
When asked why I was told no and others were not, I was told to reference a code in the HOA regs that say the HOA board has ultimate authority on paint colors.
Posted on 7/24/20 at 9:46 am to blueboxer1119
quote:
When asked why I was told no and others were not, I was told to reference a code in the HOA regs that say the HOA board has ultimate authority on paint colors.
If the color has been approved on other houses, they don't get to reject yours.
They can try, but they don't have a legal footing.
This post was edited on 7/24/20 at 9:47 am
Posted on 7/24/20 at 9:46 am to blueboxer1119
So why does the board hate you? Because obviously they do. Do you know any of them well?
Posted on 7/24/20 at 9:48 am to TigrrrDad
our HOA story is also some frickery.
first, the developer hasn't handed over the HOA yet. though from what i understand he could be "forced" too in some capacity.
the developer "promised" both pool are and playground. that was years before i was in the neighborhood. The playground has never been built. The pool and poolhouse were built, but the HOA is paying the note, which more or less eats up any extra money from the HOA.
then the two partners of the development starting legal proceedings to split up about a year ago. a lot of builds that should have been done haven't even commenced yet. everyone wants the builder partner to get the lots and wants the realtor/architect out. apparently it's been very ugly, etc etc.
then we found out the bombshell recently.
- our neigborhood currently has two phases. they are high end priced homes for the area but people pay for the builders product and exclusivity of the small neighborhood.
- their long term plan was to build a phase 3 behind phase 2 with similar construction. (group of houses on the outside 2400-3000 sf, and 3300+ on the interior cul-da-sacs.
- my neighbor was recently meeting with a random engineer on designs for another persons building, just giving some advise. he'd never met the person prior. after their 1 hour long meeting he said he had to show him something, but cannot say how or where he saw it. he then turned his monitor to show him plans for what is our phase 3 area with the realtor/architects name on it and DSLD. since then the neighborhood, including all HOA members, are in the most passive aggressive war with the realtor that i've witnessed.
otherwise, it's a lovely neighborhood, our house is awesome, and we are happy here.
TL/DR - 2 partners in development. one is douchbag realtor who is actively trying to screw the neighborhood since no one likes him.
first, the developer hasn't handed over the HOA yet. though from what i understand he could be "forced" too in some capacity.
the developer "promised" both pool are and playground. that was years before i was in the neighborhood. The playground has never been built. The pool and poolhouse were built, but the HOA is paying the note, which more or less eats up any extra money from the HOA.
then the two partners of the development starting legal proceedings to split up about a year ago. a lot of builds that should have been done haven't even commenced yet. everyone wants the builder partner to get the lots and wants the realtor/architect out. apparently it's been very ugly, etc etc.
then we found out the bombshell recently.
- our neigborhood currently has two phases. they are high end priced homes for the area but people pay for the builders product and exclusivity of the small neighborhood.
- their long term plan was to build a phase 3 behind phase 2 with similar construction. (group of houses on the outside 2400-3000 sf, and 3300+ on the interior cul-da-sacs.
- my neighbor was recently meeting with a random engineer on designs for another persons building, just giving some advise. he'd never met the person prior. after their 1 hour long meeting he said he had to show him something, but cannot say how or where he saw it. he then turned his monitor to show him plans for what is our phase 3 area with the realtor/architects name on it and DSLD. since then the neighborhood, including all HOA members, are in the most passive aggressive war with the realtor that i've witnessed.
otherwise, it's a lovely neighborhood, our house is awesome, and we are happy here.
TL/DR - 2 partners in development. one is douchbag realtor who is actively trying to screw the neighborhood since no one likes him.
This post was edited on 7/24/20 at 9:48 am
Posted on 7/24/20 at 9:51 am to donRANDOMnumbers
Lives in a neighborhood with an HOA and has no problems, checking in!
Posted on 7/24/20 at 9:54 am to Displaced
quote:Absolutely.
If the color has been approved on other houses, they don't get to reject yours.
Although, it's possible the builder might not have gotten permission from architectural control committee specifically about paint color on the bricks. They probably just submitted house plans and listed materials as brick/siding/etc and listed paint colors. Regardless, they'll either have to fine both houses or none.
I was the ACC for a subdivision in mandeville years ago, my next door neighbor was the pres and talked me into it. There was a lot of new construction and when I'd get the plans for new house I'd just sign off, didn't even open the folder..
Posted on 7/24/20 at 9:57 am to Displaced
quote:
If the color has been approved on other houses, they don't get to reject yours.
They can try, but they don't have a legal footing.
What if the majority of other painted brick houses were approved by a previous HOA? Does that matter?
The term for this HOA board expired in April and they haven't been replaced due to corona. So they've essentially extended their own term without neighborhood consent. Do they have the authority to even tell me no?
Keep in mind there are 0 restrictions on painted brick in the regulations.
*again, sorry for highjack.
This post was edited on 7/24/20 at 9:58 am
Posted on 7/24/20 at 9:59 am to blueboxer1119
quote:
What if the majority of other painted brick houses were approved by a previous HOA? Does that matter?
Not if the C&Rs are the same.
Posted on 7/24/20 at 10:01 am to blueboxer1119
quote:
If the color has been approved on other houses, they don't get to reject yours.
Maybe they don't want too many houses all the same color?
Posted on 7/24/20 at 10:04 am to EvrybodysAllAmerican
That's not really a call they get to subjectively make. HOA C&Rs are legal documents and anything such as that would have to be specifically addressed in them. Ambiguity works in favor of the home owner.
Posted on 7/24/20 at 10:11 am to TigrrrDad
quote:
and I’ll ask the OT to get on his case.
wtf...OT aint a hired thug or internet bully
lay out the facts and let things go naturally
Posted on 7/24/20 at 10:15 am to Displaced
that's why it says they have to approve the color. So they can subjectively make the decision. Same as they can decide what style of houses are allowed. They might not want 2 identical looking houses next to each other. Or may not want 5 pink houses in a row. The HOA keeps people from ruining the overall look of the neighborhood.
Just saying there are reasons, maybe not the specific reason in this case. And I hate HOA's. But to live in a nice neighborhood, they are a necessary evil.
Just saying there are reasons, maybe not the specific reason in this case. And I hate HOA's. But to live in a nice neighborhood, they are a necessary evil.
This post was edited on 7/24/20 at 10:16 am
Posted on 7/24/20 at 10:16 am to ELVIS U
quote:
I have been practicing law for 34 years and have never heard of a HOA attorney. No one could survive on such small and pitiful cases. The closest you are going to get is a real estate lawyer who might have experience drafting a HOA agreement.
THIS.
There is no such thing as a lawyer specializing in HOA Agreement litigation involving a homeowner vs. the HOA. I very seriously doubt that you'll find any attorney to take your case.
Posted on 7/24/20 at 10:19 am to EvrybodysAllAmerican
quote:this is not accurate. They review the colors and builds to make sure they meet the standards within the covenants.
that's why it says they have to approve the color. So they can subjectively make the decision. Same as they can decide what style of houses are allowed. They might not want 2 identical looking houses next to each other. Or may not want 5 pink houses in a row. The HOA keeps people from ruining the overall look of the neighborhood.
Posted on 7/24/20 at 10:25 am to blueboxer1119
quote:
My question is if I paint my brick anyway, what's the worst that can happen?
My advice; be sure to prime it first. I primed and painted a brick house in 2000, rode past that house about 4 years ago and the paint job is still holding.
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