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How can our HOA approve a project, but then be forced to…

Customer Question
How can our HOA...

How can our HOA approve a project, but then be forced to change its approval to disapproval by Property Management?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I did give paperwork to HOA as requested & they approved it. Then 2 days later they apologized saying they had to unapprove it due to property mgmt. They said "word got out & our neighbor put his foot down". Property mgmt said no, stating it was "noxious & offensive activity". We are allowed 10 horses according to deed restrictions. Wanted to add 1 crossfence to make smaller riding area & build barn to house horses & be able to rotate pastures so we can keep grass growing & keep property beautiful. We have lived here 13 years & ridden horses in same area & never before was it "noxious or offensive". And now they are asking us to pay for "ecological survey". Why, if deed restrictions allow this? We have been treated very ugly by this neighbor, who is past owner of our property & past hoa president. They harrass everyone. How can they block us from setting up night lamp light, 1 fenceline, & putting barn at rear of property if its not in violation of deed restrictions? And how can hoa approve it but 1 property owner control property mgmt & tell us "no"?

Lawyer's Assistant: Where is the house located?

Customer:***** Plantersville, TX, but is Waller County, not Grimes. Pinelake Estates is name of HOA "subdivision".

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 36 minutes by:
11/11/2017
Real Estate Lawyer: Infolawyer, Lawyer replied 8 months ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,008
Experience: Experienced lawyer
Verified
Management company is an agent for and works for the hoa. Once the hoa has approved and advised of decision that is binding especially where owner has started work and relied on the decision.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 8 months ago
We only had verbal from HOA president over the phone. Had not received written approval yet. So how can a neighbor cause Property Mgmt to go over the HOA committee & make them chsnge their mind? Can we take this to court? Sue HOA? And under what precedence do we file suit?
Real Estate Lawyer: Infolawyer, Lawyer replied 8 months ago
The president binds the hoa and has authority. Litigation is an option but instead would begin with a local lawyer contacting the board and warning it to adhere to the approval provided by its president.
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Customer reply replied 8 months ago
Can verbal approval count? They had not mailed approval letter out, but HOA officers all knew it was approved, then property mgmt shot it down & caused them to reverse approval.
Customer reply replied 8 months ago
I don't think our HOA functions as a true HOA. Its more like 1-2 people, who are no longer hoa officers, are still calling the shots.
Customer reply replied 8 months ago
Can I get any attorney to write hoa a letter, 1 versed in animal laws? Or does it need to be a real estate attorney?
Customer reply replied 8 months ago
Should I try to get letterfrom president 1st, explaining why he had to reverse his approval 2 days later?
Real Estate Lawyer: Infolawyer, Lawyer replied 8 months ago
Verbal consent counts. Having president confirm in writing first cannot hurt. A lawyer letter afterwords may help bring about a resolution.
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Real Estate Lawyer: Infolawyer, Lawyer replied 8 months ago
Should be a real estate lawyer.
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 8 months ago
Ok, thank you!Yes
Real Estate Lawyer: Infolawyer, Lawyer replied 8 months ago
Thanks. Would you kindly rate me five stars - that is the only way I get credit by the website. Thank you! Leaving a bonus after rating is very much appreciated.
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