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by 03Lightningrocks
Sat Jul 29, 2023 7:09 pm
Forum: Off-Topic
Topic: Legal thoughts
Replies: 20
Views: 7061

Re: Legal thoughts

A couple years back we had a storm that blew down a section of my wood fence. A few days later I see this car sitting in the alley and a lady taking pictures of my fence. Ten days later I get a notice from the City of Plano giving me 30 days to repair my fence. The car belonged to a lady in our HOA. I could not believe anyone would act so ridiculous about a fence falling down.
by 03Lightningrocks
Sat Jul 29, 2023 7:06 pm
Forum: Off-Topic
Topic: Legal thoughts
Replies: 20
Views: 7061

Re: Legal thoughts

What do they call a group of 3 or more Karens.

A Homeowners Association
by 03Lightningrocks
Sat Jul 29, 2023 3:58 pm
Forum: Off-Topic
Topic: Legal thoughts
Replies: 20
Views: 7061

Re: Legal thoughts

Rafe wrote: Sat Jul 29, 2023 2:56 pm On the surface, HOAs seem like a good idea. Keep the neighborhood in order and all; help prevent a single property from running down all the property values.

But in retrospect... Been in mine over 15 years. House was a Lennar everything-included new construction (wouldn't do that again, either) and the HOA agreement I agreed to then looks almost nothing like it does now. The association has the authority, with the necessary votes (which is a pretty minimal quorum) to change basically whatever they want.

The latest bit has a number of us flamin' mad. Lennar created the minimalist, initial landscaping; the homeowners didn't. A lot of us on the larger lots (only slightly larger) have oak trees that were planted fairly close to the edges of both the driveway and the sidewalk; not right next to them, but only about 8 feet away. Those of us who have nurtured and taken care of those oak trees now have large, healthy, shade-giving canopies.

The new edict from the HOA is that no tree limb or other plant can overhang any part of the street or a sidewalk. We have until October to come into compliance. I had one arborist out to look at it, and he said that cutting back that much of the tree would A) look absolutely terrible, and B) runs the risk of killing the tree because so much of it would have to be removed to make it look even slightly balanced after lopping off everything over and near the sidewalk. He also pointed out that if you wanted to attempt such a drastic pruning, you'd want to wait until late winter when the tree was dormant. Hacking it apart in Houston in August or September just increases the odds it won't survive. He said that honestly I'd probably be better off removing the tree entirely.

We have a petition, now with over 30 signatures, trying to repeal the new edict. But the HOA president is a mini-tyrant, and there's nothing in the bylaws that allows for an automatic repeal of a rule. Best we can do is bring it to a new vote...and then hope that we actually all get notified of the meeting time and location.

Trivia that we had to look up: I don't know if it's the same in other states, but HOAs have the power to levy property liens (into which they can stack back, daily-accrued penalties--in our agreement that's typically $200 per day--and attorney fees), and then sue for foreclosure against the lien. Yep; an HOA can take your home away from you.
We have a similar ordinance here in Plano but the difference is that the tree limbs must be at least 10 foot above the sidewalk.
by 03Lightningrocks
Thu Jul 27, 2023 5:28 pm
Forum: Off-Topic
Topic: Legal thoughts
Replies: 20
Views: 7061

Re: Legal thoughts

We have a HOA of sorts but it is not connected to the title on my home so they have limited authority of law. What they do instead is file a complaint with the City of Plano and then the city will come out and give you a citation for violating a city code. Then you are hosed. You either fight it in court or just comply. For instance. I had two of my work vans parked in my rear entry driveway. I had parked them about two feet onto my grass so I had room to pull my pickup in and out of the garage. I received a notice from the city to get my vehicles off the grass. I did and can still pull in but it is a tight fit. Our HOA is more like a club for "Karens" than anything else.

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