HOA issue for personal residence --

3 Replies

HOA issue for personal residence -- I recently put up a barn for my rv and the rules state it needed to be 25 from the interior property lines, my builder said to ask for a variance to 10' which is what the county uses and this property line has non subdivision property on other side, so hoa pres came over looked at my stakes and spoke to other officers and sent me a mail saying it was fine go ahead with build. now building is complete and another lot owner is complaining about my placement and wants to bring legal action to everyone. do the recorded rules outweigh the approval for the variance? and any input would be appreciated thx

I would think the approval in writing from the HOA president would make a pretty strong defense. Anyone can sue anyone for anything. Doesn't mean they will win. If you followed the process and have the proper approval you have a good chance of winning. If you get sued personally, then I would 1) get an attorney, and 2) request dismissal on the grounds the HOA approved your plan and therefore they, and not you, should be the defendant in any lawsuit.

Thx Jon, Since you posted I have consulted an attorney and they have said I am fine with the approval given to me for the variance even though it is not recorded at the court house. the pres is stepping away from the HOA my concern now is the person complain is the old pres and will most likely return to the position. I suppose if he pushes the issue with fines or a lien to myself then it might be considered harassment or discrimination. any thoughts always appreciated.

Originally posted by @Ron J. :

Thx Jon, Since you posted I have consulted an attorney and they have said I am fine with the approval given to me for the variance even though it is not recorded at the court house. the pres is stepping away from the HOA my concern now is the person complain is the old pres and will most likely return to the position. I suppose if he pushes the issue with fines or a lien to myself then it might be considered harassment or discrimination. any thoughts always appreciated.

 Him returning to the position of president is irrelevant.  The current board under power authorized the variance and most likely, the governing docs give the board the right to do so.  Some docs are more clear than others but I would imagine that a judge would side with you based primarily on common sense - hint: most judges don't know squat about governing docs so unless the plaintiff's attorney makes a hell of an argument, you've got a head start out of the gate.  I personally wouldn't worry about it at this stage until you get the papers.  People threaten to sue all the time; in my experience, they follow through about 5% of the time.

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