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We 're trying install some burglar bars at my house but the HOA says it's the violation of deed restriction. Do we get any legal suit if we insist to install the burglar bars?
Optional Information: Sugar Land, Texas Already Tried: The HOA did not approve our request to the installation of burglar bars in our neighborhood. However, the residential burglary has been significantlyt increased since two to three months ago. We are not a brand new high end subdivision in the area. It's about 10 years old....... Thanks!!
You are bound to the deed restrictions regardless of how old your neighborhood is. Any violation of the restrictions can result in penalty as stated by your HOA. You can even be forced to take down and dispose of your bars all at your expense. This is legal as that is the restrictions of your community and can be enforce by HOA. If you don't agree you can challenge the restrictions with the HOA board as stated in your bylaws, but these changes generally require majority vote and I would suggest a lawyer to represent you if you plan to do this. If you insist you can be sued for breach of the restrictions and court ordered to remove the installation.
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What about if we install the bars only facing our backyards so it's not visible?
Hi:Does not matter. Anything which is against the deed restrictions is a violation. Whether you get caught is another story, but the risk is high that a neighbor will report you to the HOA. Seems like you would be wasting time and expense just covering the back when you have the front fully exposed. Again, any changes have to be done according to the bylaws.