Can a builder over throw an elected homeowners association committee?

Discussion in 'Archived Threads 2001-2004' started by CapnSharpe, Jan 23, 2002.

  1. CapnSharpe

    CapnSharpe Stunt Coordinator

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    I had a chat last Sunday with the President of our Homeowners Association to complain about the trailer trash across the street drunking screaming into a Karaoke machine at 75db, and to find out whatever happened to our plans for a private security firm to patrol the neighborhood and take care of these blatant and annoy violations of the deed restrictions. He informed me that with the exception of himself and the VP, the entire committee was disbanded by the Beazer, the builder in our still developing subdivision. Worse yet, Beazer has re-hired CIA services, who does little more than have a contractor drive through the subdivison at 10-15 mph every Monday morning to check our lawns.

    Has anyone every heard of a builder doing that?

    I called CIA Services to complain about the neighbor and to ask about the security firm. They can't/won't do anything about the neighbor except write a letter (woo hoo). Suddenly our association can't afford to hire a private security firm.

    Any ideas about what, if anything, I can do about this bloodless coup?

    For the record, those neighbors have twice had different "house guests" arrested around 7 am. I also suspect them of toss empty beer bottles onto my front and side yards. I even found a used condom once. I called the Sheriff twice last Sunday, but apparently this obnoxious behavior is perfectly legal. The Sheriff can't/won't do anything either.
     
  2. Mark Zimmer

    Mark Zimmer Producer

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    This is purely a matter of state law, so you'll need to find someone who knows homeowner ass'n law in Texas. I know that here in Wisconsin you couldn't do that, but Texas is definitely not the same state as Wis. (I think both Texans and Wisconsinites approve). [​IMG]
     
  3. Trey Fletcher

    Trey Fletcher Second Unit

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    Theresa,
    As Mark stated this could be a matter of state law.
    However,
     
  4. Jeff Kleist

    Jeff Kleist Executive Producer

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    Frankly, I'd celebrate my freedom from the tyranny of a homeowners association and just call the cops on the rednecks.
     
  5. CapnSharpe

    CapnSharpe Stunt Coordinator

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    Calling the cops on the rednecks does no good - I did twice and was told by the Sheriff's department that there's no law again against screaming into a karaoke machine from 4 in the afternoon to well past 11 pm at night on a Sunday.
    Perhaps I should picket outside their model homes with signs advertising the fact that the restroom by the pool had to be closed down because of the human feces spread all over the walls and floor (the HOA president cleans it up every time it happens). Too bad no one took any pictures. I'm sure that would sell homes.
    [​IMG]
    It sounds like this subdivision will continue it's spiral downward. Beazer is currently developing section 3. Section 4 is just getting paved now for Fox & Jacobs.
    Guess I'll wait until the economy turns around to sell the place. Time to stop spending on the home theater and start saving for a house AGAIN. [​IMG] [​IMG] [​IMG] [​IMG] [​IMG]
     
  6. Glenn Overholt

    Glenn Overholt Producer

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    You don't have any noise laws where you live? I think that every place I have lived in has a law that says that between 10 pm and 7 am, you can't make any noise that will disturb the neighbors.

    If not, you could call up your congress person and at least inquire why there isn't such a thing. (Maybe the cops are just not enforcing it). If you can get a video camera and do some recording, maybe a local TV station might take an interest in it and get something going.

    THE WHOLE THING SOUNDS DISGUSTING TO ME!!!!

    Glenn
     
  7. Kirk Gunn

    Kirk Gunn Screenwriter

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    If they are playing karaoke at 75db after 9pm, that's GOT to be a legal issue the cops should handle. I can't believe the HOA president puts up with this crap (bad pun...).

    What does their house and general yard appearance look like and how close is it to the new sections they are developing ? Since it appears they bought the house brand-spanking new, it's surpring folks of this ilk can afford anything new. Quite a jump up from a double-wide.... (no offense to HTF trailer owners).
     
  8. Marianne

    Marianne Supporting Actor

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    I live in a subdivision with a Homeowners Association. I seem to remember that the developer has the upper hand until a certain number (percentage) of lots have been sold. Then control goes to the elected HOA.

    Read the Covenants and Restrictions you should have been given when you purchased. There should be rules about this sort of behaviour - but enforcing the rules depends on how strong the HOA is.

    When people choose to buy in a development with a HOA they sign to say they will abide by the rules. Legal action may be the only course in this case.
     
  9. CapnSharpe

    CapnSharpe Stunt Coordinator

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    The HOA president is an elderly gentleman who is slightly hard of hearing. Beazer is just finishing up some homes behind my neighbors, but it wasn't as loud back there. They literally had the karaoke speakers in their garage aimed at my house. Ever since buying this house I've heard someone's subwoofer bleeding into over into my house, but I haven't pinpointed the culprit. Maybe I have now.

    I think I'll spend some time tonight reading those deed restrictions. They have a Karaoke machine because they own a Karaoke business. I wonder if they're running it out of their house? I distinctly remember that running a business out of your is against our deed restrictions.

    Maybe a letter and a telephone call to a tv consumer reporter is in order. I'm sure those reporters never get calls from people who want their deed restrictions enforced. I never thought I'd being saying that! :b
     
  10. Dennis Reno

    Dennis Reno Supporting Actor

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    Marianne is right. I am closing on a home in a sub with an association. The bylaws clearly state that once a certain percentage of lots are occupied and/or under development that the control of the board transfers to the homeowners. The developer still retains voting rights for the lots that are not sold or under development.

    If the rules are vague in your association, call the local police department and ask about the local restrictions. I have to believe that somewhere there are regulations regarding noise.
     
  11. Jay Taylor

    Jay Taylor Supporting Actor

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    The noise problem after certain hours is most likely against the law. I would get together with the other neighbors with a strategy. Every time the noise occurs after legal hours then each of you could complain to the police. The squeaky wheel gets oiled.

    Concerning other neighborhood covenant violations, many neighborhood associations are ineffective because they send out a letter to the offender & if the problem is not corrected then they give up. In such an instance if you really want the job done then do it yourself. You are not at the mercy of a neighborhood association or a builder to enforce covenants. You may contact the violators yourself, first in person and then by letter. If that doesn't work then you may contact an attorney and enforce the covenants yourself in court.

    But with your noise problem I would try the multiple neighbors calling the police approach.

    Jay Taylor
     
  12. Greg_R

    Greg_R Screenwriter

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    This is a typical situation... once the homes are completed the home owner's group will probably be disbanded. These entities are formed so the builder will be able to maintain the value of the properties as the homes are being built. After the builder is done, the groups are either disbanded or they have no power (i.e. no $$$ to prosecute offenders). There are some expensive neighborhoods where everyone pays a fee (like $75/mo) to ensure that the rules are enforced.

    As for the loudness, this is "disturbing the peace" and you should get the police involved. This is assuming that you've already gone over, met your neighbors and politely asked them to keep the volume down.
     

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