help with HOA

[Murph]

plant a bonsai tree

[troutnut1]

Quote:

Originally Posted by a60dan Many people make statements they cannot back up. As previously recommended, ask for the specific requirements in writing, referencing the sections that you agreed to. 95% of the blowhards I deal with can’t read, let alone write, the instructions to inflate a life raft �� Document your position that without “chapter & verse”, you will take no action. This makes me want to ask for the discussion on “Why would I ever want an HOA?”, but don’t let me hijack this one.....

Agreed! I spent may years on a very large HOA (454 units) and even we didn’t have the excess funds for legal fees to chase nonsense rules violations. We would have literally had to file suit to enforce something like this and it would have meant a huge expenditure, and probable special assessment to pull it off. Talk is cheap! And the board are normally volunteers with no training or practical experience in these matters. Hopefully, at some point in the process they will figure out that an attorney who will ask for a HUGE check just to get things started, with no guarantee of success. I saw this happen recently, so it can happen. But in this case the HOA spent tens of thousands of dollars, about three year, and LOST.

I would just keep saying “let me think about that”. Most of them are like Scut Farkus, the bully in A Christmas Story.

[COcheesehead]

Quote:

Originally Posted by troutnut1 Agreed! I spent may years on a very large HOA (454 units) and even we didn’t have the excess funds for legal fees to chase nonsense rules violations. We would have literally had to file suit to enforce something like this and it would have meant a huge expenditure, and probable special assessment to pull it off. Talk is cheap! And the board are normally volunteers with no training or practical experience in these matters. Hopefully, at some point in the process they will figure out that an attorney who will ask for a HUGE check just to get things started, with no guarantee of success. I saw this happen recently, so it can happen. But in this case the HOA spent tens of thousands of dollars, about three year, and LOST. I would just keep saying “let me think about that”. Most of them are like Scut Farkus, the bully in A Christmas Story.

An HOA can levy fines, payable upon sale of the property.

[troutnut1]

Quote:

Originally Posted by COcheesehead An HOA can levy fines, payable upon sale of the property.

And yes, there is this possibility if it is in your legal documents. It would pay to read and understand your association’s documents and what their recourse might be. If they are legal, enforceable, and provide for fines in a situation like this, then it could be a problem. But generally speaking, there is a procedure for notices, a hearing, etc. if this is the case. It might be wise to get an attorney consultation while you think about it if you are in doubt.

[SonofCohoes]

There’s always that one person the loves landscaping but doesn’t really have a clue about proper plants and placement.

If a landscaper will turn down a job because of buried wires I wonder how tree roots would affect them down the road.

[troutnut1]

Quote:

Originally Posted by SonofCohoes There’s always that one person the loves landscaping but doesn’t really have a clue about proper plants and placement. If a landscaper will turn down a job because of buried wires I wonder how tree roots would affect them down the road.

It might be interesting to call the “Call Before You Dig” free national service (dial 811) and tell them where you would plant it if you did. They should come out and spraypaint all over the grass to mark all utilities, phone, power, gas, etc. And they aren’t usually very subtle about it around here. I almost hit a major phone line I had no idea about with a fencepost once.

Is the area they want it planted theirs, yours, or “restricted common area”?

[piccolopat]

You should continue to decline to plant a tree that you don't want if you are sure that the HOA rules don't require one. If they persist, remind them that the arborist indicated there wasn't enough room due to the cables. Tell them that if the HOA is willing to pay to have the cables moved so that there was enough room for a tree, you would have one planted. Then plant the smallest, slowest growing tree that you can find for your area.

[Walt34]

Quote:

Originally Posted by a60dan This makes me want to ask for the discussion on “Why would I ever want an HOA?”, but don’t let me hijack this one.....

HOAs do have their legitimate place. Around here there is no zoning. In their infinite wisdom the majority of the residents of this county have voted it down twice since we've been here. The only thing preventing the guy next door from opening a junkyard, or bar, or tattoo parlor, or strip joint is the HOA. I'll take the HOA, thank you very much.

[badatmath]

Quote:

Originally Posted by a60dan This makes me want to ask for the discussion on “Why would I ever want an HOA?”, but don’t let me hijack this one.....

It has been okay for the past 19 years, just not now.

All "new" construction in my city requires them so they are hard to avoid else I would have looked farther. The "old" houses in the city I wanted to live in cost more than I could afford when I got this one.

I am in fear of layoffs (an every 2 year thing) so reluctant to start looking to add any more expenses. I wish I had a crystal ball.

[badatmath]

Quote:

Originally Posted by troutnut1 Is the area they want it planted theirs, yours, or “restricted common area”?

Mine, and not landscaped or maintained by them.

[pacergal]

I love the bonsai idea!
OP--If you have to plant, and a bonsai wouldn't cut it, what about a small Japanese Maple or Dogwood? They are slow growing.

[ExFlyBoy5]

Quote:

Originally Posted by troutnut1 It might be interesting to call the “Call Before You Dig” free national service (dial 811) and tell them where you would plant it if you did. They should come out and spraypaint all over the grass to mark all utilities, phone, power, gas, etc. And they aren’t usually very subtle about it around here. I almost hit a major phone line I had no idea about with a fencepost once. Is the area they want it planted theirs, yours, or “restricted common area”?

Or, you could sneak out in the night, spray up your OWN yard and put flags EVERYWHERE. See? No place to plant a tree. Sorry.

[troutnut1]

Quote:

Originally Posted by ExFlyBoy5 Or, you could sneak out in the night, spray up your OWN yard and put flags EVERYWHERE. See? No place to plant a tree. Sorry.

I love your way of thinking...

This is what it might look like and the colors you’ll have to play with. It will eventually go away...so have as much fun with it as you can. Bet there isn’t anything in the rules about this either.

[Walt34]

Quote:

Originally Posted by troutnut1 I love your way of thinking... This is what it might look like and the colors you’ll have to play with. It will eventually go away...so have as much fun with it as you can. Bet there isn’t anything in the rules about this either.

I like that better than my idea of the bonsai tree.

[sengsational]

Check your closing folder with the papers you got when you bought the house... do you see a copy of the HOA covenants for the property? In NC it's required to be part of the closing. The whole idea of doing anything at all without reading and understanding the rules seems like a cart before the horse thing. And I think it's "nice" for the HOA to make it easy to get a copy of the rules, but those rules may or may not be the same as the ones you agreed to when you bought the place.

[cathy63]

While it's always a good idea to read the CC&Rs that you agreed to when you bought the house, it's not necessarily true that those are the only rules that apply. For example, one of our condos has this in the CC&Rs:

Quote:

The Board of Governors shall have the right, from time to time, to adopt reasonable rules and regulations... The rules and regulations shall be binding upon the owners and occupants of the condominium, and shall be enforceable to the same extent as if they were specifically set forth as provisions in this declaration of restrictions.

If the board makes rules that the owners don't like, their remedy is to run for a position on the board and make new rules. (In practice, it's only 10 units and the rules we have are non-controversial things like "don't leave bikes in the courtyard".)

I'm not clear if you received a second letter that says having a tree is now a rule, or if somebody just spoke with you and told you it was. If you received a letter, then I suggest replying in writing with a statement that xxx, the arborist you consulted at your own expense, informed you that planting a tree was not feasible on your property due to the position of the underground power/sewer/whatever lines, so you are unable to comply with the new rule. If it was just a conversation, then it's reasonable to ask for a written copy of the current rules before responding with that same letter. You should keep a copy of this letter because you may have to send it in again every time there's a new board elected.

[badatmath]

Quote:

Originally Posted by ExFlyBoy5 Or, you could sneak out in the night, spray up your OWN yard and put flags EVERYWHERE. See? No place to plant a tree. Sorry.

Oh this is just the BEST!!!

Quote:

Originally Posted by cathy63 I'm not clear if you received a second letter that says having a tree is now a rule, or if somebody just spoke with you and told you it was. If you received a letter, then I suggest replying in writing with a statement that xxx, the arborist you consulted at your own expense, informed you that planting a tree was not feasible on your property due to the position of the underground power/sewer/whatever lines, so you are unable to comply with the new rule. If it was just a conversation, then it's reasonable to ask for a written copy of the current rules before responding with that same letter. You should keep a copy of this letter because you may have to send it in again every time there's a new board elected.

Someone just "told me" and I asked for documentation of the change and there is not any change . . . That is why it is so bothersome. I don't know if they can make random verbal changes "stick".

[pb4uski]

Quote:

Originally Posted by badatmath .... I don't know if they can make random verbal changes "stick".

They can't... unless you let them. Typically there is a process for changes in rules and it ain't verbal.

[Scrapr]

Does a light up cactus (tree) meet the legal definition of a tree?

[pb4uski]

Hard to know since the rule is verbal.