yes, by our CC&Rs the board was well within their rights to issue me a varience. also after the fact i still have found no evidence in the governing documents that i am noncompliant with.
i am in a unique situation with all affected neighbors approval, i can't grasp how the decision could be in the best interest of the community.
i do want to stay on good grounds with the board, but i have not been presented with any evidence of incompliance on my part. they are just asking me to remove them, i believe because they have no law in force on the subject and they just don't want to deal with the subject at this time.
1)Do i have grounds to make them pay for my costs for the covers to keep them happy and have them removed?
2)Because my utlities are incorrectly placed, and the HOA released the bonds to that builder, can i make them place them underground?
this house was completed in Nov. 2007, i am the original owner,i tried resolving this the builder first, they directed me to the waiver i signed that plot plans are just that and the utlity company has the right to move them where they wish, then the ultility companies:they are where they are, cover them with rock covers.
They are on my frontage, one of only two properties where the utilities are not located on the property line.
i thought they were released last month, however my husband doesn't think they have released our street yet.
?i don't understand how i am incompliant when there has been no rule against this?
if they claim i'm responsible, how am i incompliant?--if i am not responsible i shouldn't have replaced the covers;)
anyways, i am nervous about how to go about writing this... do i demand with a threat of small claims court?
thank you for your advice, if you can add anything else i would appreciate it.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).