HOA: "Tear down that house"

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wrote:

This is the right answer. My guess is he didn't get the final plan approved or the HOA didn't know how to read plans. If this is the former he is stuck modifying the house to meet the covenants. If he has a plan that matches the house as built with an approval on it from the HOA he has a case ... even if they did screw up. I would sue the HOA for the money to bring my house into compliance if they approved the plan I built from ... with a backup offer of accepting a waiver and they leave me alone but I would not start out with that. The best way to get their attention is to put them in jeopardy of losing substantial amounts of money.
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Josh wrote:

The homeowner's attorney was interviewed on a local radio show. She said they are getting close to a resolution with the HOA.
How it happened: after the plane crash, the homeowner was, naturally, homeless. He found a place to stay, but has moved twice since the crash. He was eager to rebuild on his lot, but he wanted the design of the home revised so it wouldn't be exactly what the previous home looked like prior to the plane crash. He also wanted to get the house finished by the first anniversary of the crash, so he was in a hurry. And that's when the trouble started.
The homeowner submitted his plans to the HOA. He didn't hear back from them, so he and the builder thought it was okay to go ahead. The problem was, the HOA was having a hard time getting in touch with him. They had been sending him notices about his plans, but he didn't receive them, probably due to his having moved.
The HOA finally caught up with him, which is when he first learned of their concerns over his plans. They told him they wanted him to return the LOT (my emphasis, since folks were arguing whether the covenant applied to the house or the land) to its previous condition. At which point he and his lawyer began meeting with the HOA. And again, the lawyer says they're getting close to settling this, so it sounds as though the HOA is trying to be reasonable without creating any precedents it may have cause to regret in the future.
By the way, the HOA had set up financial assistance accounts for the plane crash victims, arranged for lodgings for the victims families when they came for the funerals, and even arranged for translators for one victim's relatives from a foreign country. So they're not totally heartless.
HellT
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wrote:

Thanks for the update, HellT. Please let us know when they have a final resolution.
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Well that spoils a good thread :)
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on 9/10/2008 12:38 PM DerbyDad03 said the following:

Perhaps it is just the story that came out within weeks of the completion. He may have been told that he was in violation when the house was being planned and he chose to ignore the rules.
--

Bill
In Hamptonburgh, NY
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