Battle with our HOA

[margecat]

We bought our house in 2005. It had been surveyed when it was built, in 1978. The fence was already there. We have a very narrow backyard. We have done nothing to change the footprint of the fence.

Two weeks ago, many of the residents on my street got a letter from the HOA saying that they used drones to survey our properties, and that our fences, sheds, etc. encroach upon the common area, which is owned by the HOA (ours may be owned by PECO, the electric company) and we have 30 days in order to remove the structures. They will not provide the survey results of my property to me so I can compare them to the ones I received when I bought the house. If we don't comply within 30 days, we will be billed $150 for legal fees. Some neighbors say that it will be this every month until you comply ; now I'm hearing the $150 was 15 months of $10 per month, retroactively to when they re-surveyed, then $10 a month after. One neighbor, who is a professional surveyor, put in stakes for my next door neighbor. DH looked at the stake and said that the new property line would cut the narrow backyard in half. This would run from the railing of our deck, almost right up to our back door (which are French doors, mostly glass). I'd have no privacy. People can have parties, play sports, etc. in the common area, and be able to come up within about 3 feet of my house! And I practically live in this room. It's where my pc and office are. It's my jewelry studio. I work from home several days, too. The cats love to look out those doors, and any activity would scare them. I'd have to remove mature plants, such as my climbing rose bushes, and we'd have to get rid of the shed, which is inside of the fence.

The HOA says it's because of insurance issues. They are not really answering questions. I've emailed them twice, and only got the response above (and that was to ask the lawyer to email me the letter. However, it seems that the President of the HOA has enough time to drive down our street and yell at the residents. She's so worried about her image on Facebook. She has her adult daughter on FB, begging us not to engage in personal attacks on her mom. I haven't seen any of those (I started the thread and follow it). If anything, her daughter said we live like pigs (I've seen NO evidence of that in my 498 house neighborhood, EVER). We all keep at least our front yards tidy and clean. Her mom has been photographing our yards, too.

This has been stressful for DH and I! I was very sick for 2 weeks, now this.

 

[neely]

I'm sorry you are going through this and it definitely does not sound like it's being handled professionally especially with the HOA president's daughter on social media discussing her mother's image. I don't know your location but we had to replace our fence a few years ago and went to the village zoning office for a permit and survey. Maybe it's handled differently in your area in which case I'd speak to your own lawyer to find out your rights as a homeowner. I hope you can resolve the issue amicably without losing anymore sleep or getting sick.

 

[denice]

I am sorry you are going through this. HOA's seem to fall into two categories, good and bad nothing in between. Something obviously changed with yours as far as leadership goes. The President's daughter especially sounds like a piece of work. Is this President new to this job or did her adult daughter in effect take over?

 

[Mighty Orange]

How do you survey with a drone. That sounds suspect to me.

 

[margecat]

How do you survey with a drone. That sounds suspect to me.

It's the thing, and supposedly not very accurate.

 

[Mighty Orange]

Apparently you need to get together with others who have been effected and secure an attorney and get a private survey, This is why HOA's suck.

 

[susanm9006]

I would think that each lot has a property description on file with the county that specifies the exact measurements of the property, any easements etc. I also expect that there are metal property markers set in the ground to mark these areas. I would get a surveyor to come and survey your property and mark the boundaries. Then I would get the advice of an attorney on how to proceed.

And I don’t know how board members are elected or whether they can be removed but springing this on people is unacceptable and they should be removed at the first opportunity.

 

[MoochNNoodles]

Everything susanm9006 said. You should have legal rights. Sometimes these groups try to intimidate people into acting without knowing their own rights. That’s why they press for such limited time for you to do something. Honestly; HOAs should be illegal outside condominium communities.

 

[denice]

HOA's should seriously just be in the background, nothing more then a fee that is paid with the other bills. They are good for when 'that neighbor' moves in. The one that won't keep up their property, want to paint their house a garish color and put up those garish decorations every holiday and only replace them when the next holiday comes along. That is when having an HOA is a very good thing.

 

[susanm9006]

The other thing an attorney will argue if indeed an error was made in 1978, is that by allowing residents to use the property as theirs for 45 years, it has become theirs. Look up “adverse possession” in your state.

 

[MonaLyssa33]

Yes, I would do everything Susan said above. HOAs are evil, in my opinion and it seems like money and power hungry people are the ones drawn to running them.