Real Estate Law
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Thanks for your question and good afternoon.My sympathy here for your situation and dilemma.
There is not a statute of limitations here in Texas for HOA to apply fines in such a situation unfortunately.
Oh rats I thought i saw a note from yo usaying a 4 yr limitation
You certainly may try to dispute this matter factually if you received permission.
the hoa states:
A copy of any plans and specifications submitted to the Committee for approval, together with copies of any written information or materials submitted to the Committee in support of the request for approval, shall be maintained by the Committee for the period of at leave five (5) years after the date such plans and specifications have been approved or rejected by the Committee or allowed to become approved by the inaction of the Committee.
You certainly can seek to dispute here as your best remedy.You would ask to meet with the board and try to resolve this matter.You can testify here to your recollection of events and argue that they have failed to maintain their own records.
and it's been 14 yrs so after 10 we got rid of it
You would argue that they cannot prove that you did not get such permission and it is their deficiency here not yours.
the hoa also asked us to re-a pply for permission which the spouse did and was summarily rejected
which i argue was a mistake and will say that
he did say "re-permission"
we even had them out to inspect the work
It is not reasonable that you would maintain such records.You may want to consider a local lawyer to seek a waiver here based on their failure to keep records and passage of time.
because it was not suppose to be seen from the street
waht a headache
removal of a spa is not inexpensive
and i think it stems from the fact my son put newspapers up on the windows when he stained the spa and the neighbor thought it stayed on to long so lodged a protest
You have some good arguments since this has been so long.And you may be looking at a lawsuit--your lawyer would threaten this in a letter asking for reconsideration.I mean they have been able to observe it for this long obviously they would have known about it and approved it.
I have a letter ready to go to them to send certified mail
I will send it as a "first volley"
thank you for your assistance
You have some good points to raise here I would not concede this yet.Send you letter and go from there.I wish you the best.
Thanks for the chat here.
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You can locate a lawyer locally to help you here.
thank you so very much
You may also want to check up on your HOA rules.
i did already
so far they have violated them all
but that is them not me and they enforce what the like
Thats a great argument selective enforcement.
thank you again
No problem good luck here.