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A homeowner has a shed that does not meet the restrictions…

A homeowner has a...

A homeowner has a shed that does not meet the restrictions to size and placement according to our CCR's. They had the county come to check on it and the county did not feel it was in any violation of code. 10 years ago a lien was put on this homeowner's home. I am new to the board, and want to find out what should be the course of action to follow. Should their lien remain on the books, or should it be dropped because the county found no violation.

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

I found paperwork at the county that shows the lien being place, and I have the documentation that the Board at that time did notify the owner that they were in violation, but they refused to make the changes the board requested.

Lawyer's Assistant: Where is the home located?

In a small subdivision in Little River, Horry County SC

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am just seeking to know how to address this. This is my first time serving on an HOA Board of directors.

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Answered in 15 hours by:
3/15/2018
Michelle-mod
Michelle-mod, Moderator
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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
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Your Question:

A homeowner has a shed that does not meet the restrictions to size and placement according to our CCR's. They had the county come to check on it and the county did not feel it was in any violation of code. 10 years ago a lien was put on this homeowner's home. I am new to the board, and want to find out what should be the course of action to follow. Should their lien remain on the books, or should it be dropped because the county found no violation.

Response: The lien should be released/dropped since the County found no violation. The County Code supersedes the CCR's.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,793
Experience: B.A.; M.B.A.; J.D.
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