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jrbarnard
Member
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# Posted: 27 Mar 2012 14:06 - Edited by: jrbarnard
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So.. the PoA (Property Owner's Association) and I have had a few run-ins.. curious on thoughts.
We have about 6000-ish acres divided into 80-170 acre tracts. 41 owners total.
We have 3 tracts.
There is a gate that was there when we bought it, going to the back 2 tracts. Now, I would not care if they threw the gate away... I find it annoying as I have to keep opening and closing it and since all 41 members have the gate code....what is the point, right?
So, I was going to move it to in front of the 3rd tract, which no-one had an issue with. If it has to be there, may as well only have to open it once.
Big hoopla over that.. I won the argument, suffice to say I can move it but the combo has to be the same.. again, don't care, I just did not want to have to open and close it.
NOW.. the real battle is this:
Started the cabin, just the frame of the base. I am told there is a rule that says I have to be 200 feet off the road. This was new to me, but clearly I was in violation. MY problem is... if you have a dozen people in violation as well.. are you going to make them move, or just me?
My point to them is no-one else uses the road except me, since I am all the way in the back, and there are clearly a dozen other structures within 70 feet or less of the road....if you are not going to make everyone follow the rules, you cannot make anyONE follow them....right?
I mean, I am going to try to squeeze out a few more yards and get it as close to 200 as possible, but no way I can hit 200 unless I spend a few thousand more and delay building by a month or two.. when I am 3 days from having a dozen people show up to help build the cabin.
I think they are making this personal and I am like, "you cannot have your cake and eat it too...either you make everyone move, which they can't, or you leave me the hell alone.
Thoughts?
OH.. and the ONLY one complaining is a member of the board who lives clear on the other side of the 6000 acres.. i.e. they would never use my road, they went out there to do this only.
Russ
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MtnDon
Member
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# Posted: 27 Mar 2012 14:31
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That's the problem with rules; unless they are enforced fully they are useless and then cause problems and ill feelings.
Questions...
How long ago did the others build?
Was the 200 ft rule in place when they built, or was that rule added later, prior to you buying your portion?
If the rule was there all along and not enforced for the others, then the rule probably needs amending. That is not going to be done in three days. Probably take a month of Sundays and association meetings. G/L
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jrbarnard
Member
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# Posted: 27 Mar 2012 15:23
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I hear ya.. the rule has always been there, and they built in the past 4 years.
The really big issue is, you are right, they cannot change the rule in the next three days and I cannot stop building plans when a dozen people have taken a full week off to help build this. So, I proposed as nicely as I could that the situation is as such:
1 - I cannot simply wait till a decision is made next week. I will try to push back the building as far as I can and hope I can hit the 200ft mark OR.. I may decide when we all get out there that we are happier moving it 1200 feet back, if we can even get the trucks and trailers loaded and haul it all back there. I am not sure if that is even feasible yet.
2 - The problem, besides the fact that there are multiple violations right now, is that come the end of summer, when deer season starts again, out come all the fanch schmancy trailers etc that get pulled into the properties for 4-6 months and they too will be in violation as it states, "no structures shall be placed within 200 ft". Once they try to enforce that rule, 3/4 of the people will be in violation and no way in the world that rule will remain in effect.
So, even if I left the cabin where it is and they were to push the issue, before it got too far, the rest of the natives would rise up and strike it down.
ME.. I would rather not argue over it as I would think that any common sense would say that no-one else follows the rule, why in the world make such a huge stink over it with me when clearly it is a lost cause.
Again, not saying I am not wrong in this... but it was an honest mistake as many others have made it and to single me out is more of an injustice than the 200 ft ever could be.
R
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MtnDon
Member
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# Posted: 27 Mar 2012 17:39
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Want to be the group activist?
First, I like and don't like homeowner/property owner associations. The ones I like are those where I don't live, but own rental properties. The association rules help to keep things clean. The ones I don't like are those places I looked to buy property for a cabin but didn't like the rules. So we never bought there.
It is not fair or correct to have rules that get ignored by some people some of the time and not at other times. I'd be making friends and enemies at the same time I'm sure while making arguments for a re-write of some of the association rules; that one in particular. That though would likely take a year's time. Changing some minor rules at one of our properties took 14 months as it was nigh impossible to get a quorum or enough proxies that the old rules called for.
Hopefully you can find a spot to place the cabin that meets the 200 foot rule. Maybe you'd have to push some trees over. Or is that covered under the bylaws too? Then raise hell about any new construction that tries to be placed within the buffer zones. Is there a time rule on things like trailers and RV's? Some POA/HOA have limits on the time duration they can be on the property. Best of luck.
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hattie
Member
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# Posted: 27 Mar 2012 18:53
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Our town recently started a "community association". It isn't to make new rules and laws - it is actually to try to prevent the government from coming in here and trying to force their laws on us. *S* The locals who live here have decided they like the town the way it is and don't want the government to put in rules about, for example, how many derelict vehicles are allowed/not allowed on someone's property. In the past, the government has tried to "slip in" these rules without asking the locals first, so we are taking the bull by the horns and telling the government that if they want to try to change the rules, they'd better check with us first. *grin* Our group is pretty new so time will tell how we make out. *S*
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Just
Member
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# Posted: 27 Mar 2012 19:01 - Edited by: Just
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what power dose the association have to punish you ?
did you agree to the rules when you bought the place ?
are the rules attached to the deed ?
I acted as a association president for 5 years [48 properties]
unable to satisfy every one without pregedus we passed the zoning responsibilities to the county ,made for a much happier community
although the rules are much harder to follow .
I now have a place in a community of 300 and ran when asked to serve .its a tuff job!!
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MtnDon
Member
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# Posted: 27 Mar 2012 20:18
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The HOA I'm familiar with have the legal right to impose fees/fines for violations of the rules. Agreement to follow the rules was part of the purchase agreement. The associations do have the power to place a lien on the property if the fees/fines are not paid. The process is all laid out in the by-laws.
Being a board member takes time and commitment. I'd probably get involved in that manner if I lived on property, but as an owner - landlord I just pay attention, go to the annual meeting so I get to vote on the budget. We;ve actually got great association management; well run, well maintained and the rules get enforced with an even hand.
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jrbarnard
Member
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# Posted: 28 Mar 2012 06:08
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Well, first off, don't care to be an activist... heh.. I just want to enjoy my property.
The rules were attached to the deed and yes, I agreed to them when I bought the place. The mistake was mine, I missed the part about where it had to be located. Now, in my defence, we are in the middle of nowhere...I never thought having my cabin 50 feet off the road that no-one uses but me would be an issue. In fact, almost everyone I see on the ranch forgot about it, except the people on the PoA board and they themselves did not get over 200, most got around 150 ft off the road.
The issue I have is not that they are wrong, but that they did not enforce it or are not enforcing it against the dozen or so (probably more like 2-3 dozen when you add in the trailers that come out during hunting season for 5 months out of the year)...so.. I take issue with the fact they are trying to enforce it on me.
Now, if I had a really flat area, I'd be like, "hey.. no worries.. I'll push it back another 100-150 feet" but I don't.
If a really strong rain came by, the dry creek behind me could strand us there.
So...in a nutshell, I could push it back about 1200 feet to the next best spot, pay about 7000 more to get the electricity run there as it is harder to get to, and be all in compliance.
But unless they plan to make everyone else move, in my mind, the rule needs to be changed to allow a variance in a case where it is more plausible to build where I am.
Now, that being said, I am going to get out there Friday and see if I can actually move it around....set it any further back, get as MUCH distance between me and the road as possible, after all.. I am very much for following the rules.
The thing is, rules apply to everyone, not just to those you happen to catch and in a 6000 acre ranch, the person ON the PoA board that lives across on the other side of the ranch and also is in violation, if only by 20 feet or so on her garage shed whatever it is, should not be trying to bully me into moving my cabin.. from a road she should not have been driving down in the first place.
again.. just my opinion.. heh
Thanks for the input folks!
Russ
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exsailor
Member
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# Posted: 28 Mar 2012 13:38
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Never cared for a HOA, no matter how they are justified. I would suggest talking to the trouble maker and asking him specifically about the other cabins. Then point out your location and the amount of traffic the road actually sees. Finally bring up the flooding issue and linitations that brings to your project. Finally ask him what he would do in your shoes, since he now knows what lot limitations you are facing. Good luck dealing with the bull.
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groingo
Member
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# Posted: 28 Mar 2012 16:51
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Have lived in two HOA's and will never even consider one again as they are usually run by people with power and control issues, many never amounted to much in life but when given a position on a board or the like, they like to play GOD....never again!
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