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Does HOA have to document grandfather violations or just…

Does HOA have to...

Does HOA have to document grandfather violations or just state that they are grandfathered.....CCRs say only 4 ft fence we want a 5 Ft fence because a pit bull is moving beside us (against CCRs)... HOA is aware and is not doing anything about dog "said how would u like to get rid of your dog"...already 6ft fence in neighborhood but they say it is grandfathered.....many many other violations too

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

No...we have not put up fence were trying to do the right thing and get permission first....we got permission in writhing and the 5 days later they took it away saying that it wasn't legal

Lawyer's Assistant: Where is the property located?

Colfax, nc What can they do if we put up fence anyway

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

25 homes and at least a dozen violations...including the VP who has a pit bull as well

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Customer reply replied 26 days ago
Both the president and treasurer have resigned...since Wednesday night we only have a VP who told me on the phone he could not give me written permission but does not care if we put up fence and even told me to go ahead and do it
Customer reply replied 26 days ago
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Answered in 14 hours by:
3/25/2018
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Attyadvisor
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It depends on the situation. Certain rules that are later amended may be grandfathered in if the amendments states that the new rules impact only new owners that purchased after the amendment date,

You would ask them to see when certain rules were modified. How old is the HOA community? The homes with the violations may have been in compliance at the time of what is now considered a violation. The HOA needs to prove to you that the homes that have what would be violations today were in compliance at the time.

Otherwise the board is guilty of selective enforcement (permitting certain owners to take acts against the association rules). Selective enforcement is a very serious breach of duty by the HOA board and you would have a lwsuit.

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Customer reply replied 22 days ago
they were in violation at the time. CCRs in effect 2006 and most violations were in 2009-2012...:the builder was in charge of HOA when violations happend and did nothing. So when Neighborhood took over they said everything was grandfathered in because they didn’t know the rules when builder was there.
CCRs have always said 4 ft max fence but there isn’t a 6ft fence that was “grandfathered” thatvwas installed 2012

They need to be able to prove that there was an amendment to the initial CC&R's or you will want to sue them for selective enforcement.

I can provide a link for Attorneys in your area that provide FREE consultations to assist you. One moment please.

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http://lawyers.findlaw.com/lawyer/firm/real-estate-law/guilford-county/north-carolina

https://www.jimersoncobb.com/blog/2014/10/avoiding-selective-enforcement-defense-enforcing-condominium-association-rules-regulations/

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