My question involves a consumer law issue in the State of: Missouri
Hello All. I'm sorry if this is posted in the wrong forum. Not sure where issues with HOA fall under. We (wife and I) moved into a home built in the 90's a few months ago. We read through the restrictions thoroughly, as we had specific needs (fencing, ability to build outbuilding) that were important factors in our decision to buy the home. We believe the restrictions were clear that they allow fences with the approval of the HOA, backed by over 30% of the homes having perimeter fences. My wife attended the HOA meeting on 07-12-17, come to find that fences are a hot issue. Two of the three board members don't like fences, and stating that the restrictions are clear that fences are not allowed. The third board member is quite nice, and has been giving us background information. He states that the two of them do not like fences, and any request will get denied. We submitted our request, and it was indeed denied. We then resubmitted the request, changing the fencing to not be continuous and thus not a perimeter fence, and it's expected to be denied again (the third board member said the other two are not wanting any fences so all get denied).
It is very clear that 2 out of 3 board members have a personal issue with fences. We have 1 board member who is telling us this, as well as person in charge of the restrictions committee. He is our direct neighbor, and we have been told by him the same thing. He also told us that the board did approve a fence just a month or two ago, and gave me the address. So we now know that they approved their fence, yet they are denying others. While we don't exactly know for sure of the reasons for their approval/denial, we have been told that the two board members do not want any fences in the old section of the neighborhood, which is where they live (and the house we bought is in). The one they approved is in the newer section. It's very clear that these two members are acting on their personal agendas.
Even before the first denial, I reached out to a legal acquaintance to see if they could help. This was the response I received . "If they deny, there are two options. 1. Build and see if they sue you. The risk here is that the court could later tell you to remove the fence. 2. You file suit and ask the court to allow it. You will need to get a fence expert and have to have him get on the other properties that have fencing to take measurements and such. You are looking at spending 10K or more in either option, so you also have to decide if the fence is really worth it."
I'm reaching out to see what we can do, without spending 10K which we don't have. The home is on a busy corner lot, and we have two very young children, which only a fence can provide the safety we need.
Hello All. I'm sorry if this is posted in the wrong forum. Not sure where issues with HOA fall under. We (wife and I) moved into a home built in the 90's a few months ago. We read through the restrictions thoroughly, as we had specific needs (fencing, ability to build outbuilding) that were important factors in our decision to buy the home. We believe the restrictions were clear that they allow fences with the approval of the HOA, backed by over 30% of the homes having perimeter fences. My wife attended the HOA meeting on 07-12-17, come to find that fences are a hot issue. Two of the three board members don't like fences, and stating that the restrictions are clear that fences are not allowed. The third board member is quite nice, and has been giving us background information. He states that the two of them do not like fences, and any request will get denied. We submitted our request, and it was indeed denied. We then resubmitted the request, changing the fencing to not be continuous and thus not a perimeter fence, and it's expected to be denied again (the third board member said the other two are not wanting any fences so all get denied).
It is very clear that 2 out of 3 board members have a personal issue with fences. We have 1 board member who is telling us this, as well as person in charge of the restrictions committee. He is our direct neighbor, and we have been told by him the same thing. He also told us that the board did approve a fence just a month or two ago, and gave me the address. So we now know that they approved their fence, yet they are denying others. While we don't exactly know for sure of the reasons for their approval/denial, we have been told that the two board members do not want any fences in the old section of the neighborhood, which is where they live (and the house we bought is in). The one they approved is in the newer section. It's very clear that these two members are acting on their personal agendas.
Even before the first denial, I reached out to a legal acquaintance to see if they could help. This was the response I received . "If they deny, there are two options. 1. Build and see if they sue you. The risk here is that the court could later tell you to remove the fence. 2. You file suit and ask the court to allow it. You will need to get a fence expert and have to have him get on the other properties that have fencing to take measurements and such. You are looking at spending 10K or more in either option, so you also have to decide if the fence is really worth it."
I'm reaching out to see what we can do, without spending 10K which we don't have. The home is on a busy corner lot, and we have two very young children, which only a fence can provide the safety we need.
Homeowners Associations: My HOA is Denying Our Fence
Aucun commentaire:
Enregistrer un commentaire