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12/7/2007 2:47:00 PM

Quote :

"Is there an issue with my english? Not understanding the miscommunication."

Yeah, there is. You asked a question and then followed it with "exactly."

12/7/2007 2:51:26 PM

Quote :

"not because i'm overly interested in running things - but because i don't trust other idiots to not screw everything up"

story of my life

12/7/2007 3:13:17 PM

David0603 sounds like he's on a HOA and he's one of those pricks.

12/7/2007 3:18:49 PM

Boohoo. Don't sign document before you purchase a property and then get pissed off when people try to enforce them.

12/7/2007 3:34:05 PM

You fail to see that he HAS done everything that is required of him for approval. Property boundaries were determined, he started work and then the HOA pitched a fit when it "looked" too deep and his property "can't possibly" go that far.

12/7/2007 3:40:30 PM

You can build the fence and not worry about the HOA, but make sure that you build the fence inside your property line and don't disturb the property corners. It sounds to me like you have a neighbor behind you that mistakenly thought they owned the land you are about to fence in, and they are raising hell with the HOA about you building the fence. While they can't stop you at this point, they can report you if you disturb the property corners. IIRC, that carries a $1,000 fine per survey marker in North Carolina.

12/7/2007 3:45:22 PM

^^

Right, he started work BEFORE he got approval from the HOA

12/7/2007 3:54:05 PM

The funny thing is that I don't even have a neighbor to my rear. I will post the plat of the neighborhood as soon as I can figure out how.

12/7/2007 3:56:02 PM

You're assuming that he needed prior approval by the HOA to start construction.

12/7/2007 3:59:22 PM

Well, I kind of assumed if he had to submit an application he needed approval.

12/7/2007 4:02:50 PM

that's a hell of an assumption to make. Things get built all the time while the applications are being processed.

12/7/2007 4:09:06 PM

So why not submit an application with a fucking square drawn in crayon if it doesn't have to be approved?

12/7/2007 4:24:38 PM

Quote :

"Boohoo. Don't sign document before you purchase a property and then get pissed off when people try to enforce them."

uh...it sounds like Str8BacardiL is the one trying to enforce the document he signed, dumbass. 30 days no notice = approved. its been 35 days since he got a response, which he can throw in the trash because according to the document he signed, its been approved.

12/7/2007 4:24:40 PM

The document he signed said if they don't get back to him within 30 days then the application is automatically approved?

12/7/2007 4:26:13 PM

^from the first post:

Quote :

"This letter was dated December 3rd, 2007. My initial request was submitted Oct 29 and received Oct 30. The covenants clearly say that after 30 days without a response an architectural request is deemed approved. These covenants are recorded in Wake County register of deeds book 2983 page 857."

[Edited on December 7, 2007 at 4:28 PM. Reason : ]

12/7/2007 4:28:47 PM

.................................YES

12/7/2007 4:28:58 PM

Wasn't there some confusion over whether it was 30 business days?

Besides, it doesn't matter if it gets approval if you aren't building the fence on your land.

12/7/2007 4:31:47 PM

his HOA bylaws state that no notice within 30 days of an application means it's approved.

He needed approval, and he got it. He just didn't have approval before he started construction, but that doesn't matter.

Quote :

"So why not submit an application with a fucking square drawn in crayon if it doesn't have to be approved?"

it did have to be approved, and he could have gotten by with a crayon drawing on a napkin if they weren't going to respond to it.

12/7/2007 4:33:16 PM

http://rodweb01.co.wake.nc.us/books/genext/genextimages.asp?docid=662029

Its lot 34, they are saying the stakes that were located were the ones to mark the edge of the common area. But it says this on the plat.



The only irons that were in the are behind my house are the two at the corners of the lot. Unless someone just decided to bury iron rods in the woods that just happen to be parallel with the party walls of my townhouse.

12/7/2007 4:34:35 PM

Quote :

" Besides, it doesn't matter if it gets approval if you aren't building the fence on your land."

and this is why i think you are one of these HOA pricks. Simply because he got a professional land surveyor to dig up the iron pegs that mark his property. Do a professional and accurate survey of the land so he knows exactly where to put the fence. Yet some how people like you think its inaccurate.

12/7/2007 4:40:00 PM

reading is tough for some people i guess

12/7/2007 5:01:01 PM

Id go ahead and talk to an attorney about it. it'd be worth the 1-2 hour consult.

12/7/2007 7:58:30 PM

It sounds like you are in the right to put up your fence, but I'm no lawyer. However I am one of those people that would probably be out there in the middle of the night finishing my fence like it's nobodys business.

12/7/2007 9:07:07 PM

Crapp..... it's dern near 3am and I got a text on my way to Clayton to check out this thread... so in my 3am opinion... Molly needs a fence, no matter what anyone says.

Do work Str8BacardiL, do work.

I amazed that came out in any sort of english (you have no idea how long this took me)

[Edited on December 9, 2007 at 2:51 AM. Reason : edit necessary]

[Edited on December 9, 2007 at 2:52 AM. Reason : shhh]

12/9/2007 2:51:22 AM

^

12/9/2007 8:05:51 AM

Quote :

"(name), I received your letter postmarked December 4th regarding my architectural request for the fence. The Hunters Creek Covenants state the following. “In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.“ Your office confirmed receipt of my request on October 30th 2007. The 30 day window to provide a response expired November 29th. Regarding concerns with the accuracy of the survey, I have already requested that the surveyor verify the survey and provide me with a letter confirming that everything is correct. I have also done a great deal of investigation and do not see how the survey could be incorrect. Obviously, there is no way for me to get a corrected or different survey if the first one is correct. · There are no other pins in the area behind my town home. The pins that were located could not be the wrong ones as there are no other ones in the area. The surveyor has scoured the area on multiple visits and told me there are no others back there. · You can reference the recorded plat (attached) to see that the only pins that have been planted were at the corner of the lots. There are no pins in that area to indicate the perimeter of the common area. The line for the common area does not angle anywhere behind my building. On the plat page 2 under “Notes” you can see it says “Iron pipes set at all corners on the outside boundary only”. This would further prove that no other pins are in that area that could be confused with the ones to indicate my property line. · I have used a metal detector to locate the pins for the lots on both sides of my home. I located a pin on the corner of both lots 33 and 35 that is parallel with the rear property line of my lot according to the plat. · Just across the street from my unit, on the back of lot 29 exists a fence exactly like mine that goes back 39.5 feet from the back of the building. This further proved that the lot depth indicated on my survey is reasonable for the neighborhood and most likely accurate. My survey was performed by (name) his office number is (number). If the BOD has any other concerns that an encroachment exists I would ask that they contact him for clarification. As I expressed to you previously, I do not wish to be unreasonable in the least. I simply want to do something that there is already a precedent established for in the community. Fences of this depth exist on numerous other lots on Hunters Club Dr. In the event my fence encroaches on the common area I will obviously remedy that situation (as I would be obligated to) but at this point it does not appear that is case. The deadline for ARC approval/denial has expired. I really do not feel that there is any error with the survey and have done everything in my power to ensure it is correct. Best Regards, (name)"

I pretty much finished the fence yesterday because my friend that has been helping me build it and myself rarely have the same days off, and my dog needs a place to go pee.

I think the HOA has missed the opportunity to review and approve the fence based on letting the review deadline lapse. That clause in the covenants was designed for situations exactly like this where the owner would otherwise be held up indefinitely while they do not take action. Since they failed to respond in 30 days I should be good to go on that aspect.

If the fence encroaches on the common area that would be a separate issue, but I really don't think it does. If somehow they prove that the surveyor I hired is a complete moron and the property line is really off I can move the back of the fence forward at which point it would be in compliance.

12/9/2007 10:13:14 AM

I agree with what you said and did.


I also like how that David Prick finally read what you had typed and realized he was a moron and got the hell out of this thread.

12/9/2007 4:06:30 PM

And the moral of the story is "fuck getting a house, just live in an apartment or a townhouse so that you don't have to deal with HOA bullshit."

Of course, I can't guarantee that you won't have to put up with any bullshit from your land lord.

12/9/2007 4:21:11 PM

^^ I'm still here and I'd still check to see if it had to be 30 business days...

12/9/2007 4:34:37 PM

if it was business days it would have been defined as 20 days

a month is standard for this kind of shit

this kid is fine

12/9/2007 5:00:20 PM

The covenants do not say anything about business days therefore I would assume it would be interpreted as calender days.

12/9/2007 5:46:50 PM

bingo

it LEGALLY HAS to be defined as business days idiot

you have lost.

st8 wins

12/9/2007 8:14:51 PM

I'm really surprised to see you have that much freedom owning a townhome. Is your community just townhomes? I'm curious as to how your neighborhood works - are you paying just for amenities or utilities, maint, lawn care etc as well?

12/9/2007 8:40:10 PM

my homeowner dues are $24 per year. they used to be $100 more than that, but some people with common sense got into office and got rid of the junk expenditures/fees. obviously there are no "ammenities" other than the community pond, but i would rather spend my money on other things like property tax [ha, haha. ha ha ha ].

12/9/2007 10:43:35 PM

It just town homes. My street was built about 1983 and the other phase across Kaplan came shortly thereafter. Falcon ridge did not even exist when this street was developed. The covenants for the community are only 9 pages long. Covenants for new communities now days are too thick to get a regular staple through.

12/9/2007 10:48:20 PM

Ah, that explains it. I would imagine that if they are in charge of your maint such as painting, then that's what the reserve is for. It builds up for large expenditures like that.

Either way, get a copy of the financials and you'll see that legal expenses are rarely budgeted for - it's usually not worth the money to go after something like that, especially if you have your ducks in a row and documented like you do. I wouldn't worry at all! I'm curious to see what they come back with though!

12/9/2007 11:01:57 PM

gg Str8, dont let those HOA jackasses fuck you over. I am on the HOA board for my townhome community, and while we have one member on our board who would try to do the same bullshit as they tried to do to you, I'm keeping my spot to prevent this very thing from happening to the residents of my townhome community.

They fucked up with the 30 day response, and they cant make you get another survey. Politely tell them to go fuck themselves, or threaten the HOA with legal action.

Its HOA boards like these who try to fuck over people, I'm glad that I am on the board for my community to keep this shit out of my little corner of Cary.

12/9/2007 11:25:00 PM

I'm glad there's no HOA in my little corner of Cary.

12/10/2007 8:10:54 PM

At least you don't pay yours $1200/qtr to do shit like this like I do

12/10/2007 8:16:36 PM

Str8BacardiL did they reply to your letter?

12/12/2007 11:28:55 AM

The property manager responded basically confirming he got my last e-mail and would forward it to the board. He also advised me against doing anymore work until the survey issue was resolved. I received yesterday a stamped letter from the surveyor saying everything on the survey is correct and true. The surveyor has also exposed the survey pins on 3 corners of my building as well as both of the ones on the back of my lot.

It will be interesting to see if I ever get anything back.

12/12/2007 11:57:04 AM

^ The committee will whine and bitch for a little while, mostly because people don't like getting totally pwned, but they'll eventually just let it all go.

12/12/2007 12:06:57 PM

If the only problem you have is the location of the fence and you had a survey performed, then you should be covered from a legal aspect. What you need to show them is the surveyor's map that he drew that show the dimensions from the building. Hell, I wouldn't have paid the surveyor. I would have found the corners myself and pulled the subdivision map and asked the Architectural Chair to meet me in my backyard and show him the physical evidence of your property corners.

(keep in mind that the iron pipes the surveyor found are not the actual corner, but they are the physical evidence of the theoretical point...most of the time though they are close enough to represent the corner)

12/12/2007 1:47:05 PM

^ sometimes if not for a setback they are the actual corner down to a 1/10 of an inch. But like you said - theoretically.

12/12/2007 3:05:43 PM

Stick it to the man B. Good job on documenting your claims very well!

Oh and for reference, our HOA dues in the Valley are $80/mo for NO ammenities. WTF. And they're going up by $5/year for the next few. I can't wait to sell and move into one of these southern Wake neighborhoods we've been looking at with $8/mo HOA fees.

12/13/2007 3:13:31 AM

dude let me know when u want to finish it we are almost dun! fuck'em

12/14/2007 8:15:11 PM

bttt

3/31/2008 7:18:44 AM

Quote :

"Homeowners Association Wants Additional Rain Barrels to Roll Away Rain barrels were put to good use across the Triangle during Sunday's rainfall. But some residents of a Wake County neighborhood say their water conservation efforts are being hampered by their homeowners association’s image concerns. To do his part to conserve water, Wakefield Plantation resident Michael Dadian installed eight rain barrels on his property in February. “We have four children and when they come home from school, they ask us questions like, 'Dad, what else can we do?'” he said. Dadian heard Friday that most of his rain barrels would have to go. The Wakefield Plantation Homeowners Association decided having too many rain barrels didn't fit the neighborhood's image. “To maintain the visual impression, especially from the street, for our community,” Greg Barley, with the Wakefield Plantation Homeowners Association, said of the reason behind the rain barrel limit. Wakefield Plantation is only allowing homeowners to have two rain barrels per home. They also have to be a particular color and kept in certain spots on the property. “To choose to enforce this rule, it just seems contrary to what the governor's asking us to do,” Dadian said."

http://www.wral.com/news/local/story/2653362/


I understand the duty of HOAs to maintain the value of their property, but this seems pretty asinine. From my standpoint, it is a perverted view of the world that sees evidence of rainwater conservation as an image issue.

3/31/2008 7:43:15 AM

that's ridiculous

3/31/2008 7:55:32 AM