Problem with neighbor's new house

[Elwood]

I live in a newer middleclass subdivision, the average home size is 2200sf and all the homes are custom built. The neighborhood has basic covenants which include minimum house size, restrictions for temporary buildings etc... I have read horror stories about some home owner associations and stringent covenants. I do not wish to live in a tightly controlled neighborhhod, but I do see the need for basic covenants to protect our investment. Our subdivision is filled with great people and we really enjoy living here. Now for the problem.

A new house is being built next door. The house is a steel frame two story kit and is being built completely by the home owner. After five months the slab is poured and walls are framed up, thats it. The craftmanship is horrible and it is easy to see the house will not fit the character of the community. As it stands now the construction site is an eyesore to include a rundown travel trailer sitting in front of the job site. From what I understand from other neighbors there is a problem with the foundation and it is not suitable for a two story structure, it appears the plans have been changed and the home will now be a single story.

We do not have a HOA yet because the neighborhood is young. We were not planing on doing a structured HOA because we are a small site (30 homes).

My questions are:

1. Is it neccesary to form a HOA to enforce our covenants?
2. How do we insure minimum standards of craftmanship are being met in our neighborhood? I don't have alot of faith in our county building inspectors.
3. If the house does turn into a single story the minimum sf will not be met, what can we do?
4. If we pursue the issue of not meeting the minimum sf, some of our neighbors will be affected because they are shy on sf also? This happened because the subdivision came in two phases and there was confusion about the minimum sf.

Any help will greatly be appreciated, I am at wits end thinking about living next to this house from here out, not to mention what will happen to the value of our homes.

 

[shimp]

if challenged, a ho is a joke

 

[rsanter]

rules made after other homes are built mean that the exsisting homes are granfathered in because you cannot change rules after the fact and beat on the ones that are there already.

the craftmanship issue is based on city codes, not sure you could override that without facing a potential legal battle

the issue of the home bieng incomplete and how long the construction is taking will be based on the city codes and if there is a clause in your HOA rules and if you have the money to enforce it legaly.

did you have to sign anything about the covants? did he?
what is in them if there are any?

just remember one thing. of you form a formal HOA with an elected board and a bunch of rules to follow, you could be making very reasonable rules that sound good to everyone at the time. BUT, you are creating a monster. it may be your monster and you may think you have control of the monster to use as you wish to do your bidding, but what happens when the retired lawyer ans executive move in and they nothing better to do than to get themselven on the board and get all full of themselves and start amnipulating your rules ans making ones you dont like. its hard to pot the monster back in the box

bob

 

[rsanter]

a side note
most HOAs now days are there for the original builder. they create and run the HOA so they can control the look and feel of the neighborhood during the 2-5 years that the whole area is built out because they want to keep a look that will gain them max $$$.
the builder is no longer interested once he moves on to the next area.

bob

 

[Franz©]

First step you need to take is to head over to the County Clerk or whatever office records deeds in your area and read his deed. If his property doesn't have the same conditions on the deed yours does, your HOA and neighborhood are totally screwed unless you want to take up a collection and buy him out of the mess he got himself into.

Based on him building a "kit house" differing substantially from the rest of the hood, chances are the builder has pretty much given up on the tract, and is selling lots off to recover whatever he can.

Any enforcment of deed restrictions would normally be a civil action between the seller of the property who placed the restrictions and the buyer who accepted them. The rest of the hood would be without standing.

 

[Elwood]

The original developer still has a tract of land which I believe will be phase 3 at some point. I have to assume he still has a vested interest in seeing the development stay kept up. I guess our best bet would be to hold a neighborhood meeting with the developer(if he cares) to start a plan. This is tough for me because I will probably have to live next door to this lady for many years to come. But on the other hand she HAS to know what she is doing is not going to be accepted nor does it fit the character of our development. Alot of people have expressed concern and because I live next to her they are expecting me to spearhead this effort. I'm in a tough spot, I originally found this web site because I was going to build a shop. Thats on hold for now, until I see how this turns out. I hate the thought of moving we really love it here. We moved here after being flooded in Hurricane Katrina and in retrospect I should have moved to a more mature development. The market is terrible right now and I think moving is not an option. Thanks for your help!

 

[aerobb]

I'm not trying to stir the pot, but I'm sure glad I live so far out in the country that I don't have to worry about my neigbors telling me what's acceptable.

**Edit for arguments sake***

I worked by myself residing the exterior of my house, I did a total of 3 sides and a deck. I did it as I had cash and it took me all summer and most of fall. I'm sure for some people I would have been non compliant for some aesthetic reason as my house looked like a shamble. but I put a lot of time and didn't go into debt doing it. Next year will be the same as I finish the siding on the rest of the house.

My opinion. Go Talk to your neighbor. Express your concerns and find out their plan. As long as they're not doing something illegal or dangerous let them live their life

 

[NOMAD]

My opinion. Go Talk to your neighbor. Express your concerns and find out their plan. As long as they're not doing something illegal or dangerous let them live their life

Yes, what he said. I totally understand your feelings. But as mentioned, there is no putting the HOA monster back in the box and rules will always be added, never taken away. Pretty soon you'll want to build that fancy showcase garage on your own property and you'll realize all you can have is a shed hidden from view.

 

[aerobb]

I'm feeling wordy today.

Just so you know I sympathize.
I live on a dirt road with my nearest neighbor about 1/8th of a mile away, EXCEPT a trailer across the road. I'm sure it began life as a hunting camp. The owner of said trailer didn't own the land it sat on. (I do know the owner) it was leased.
About two years ago this odessey of construction began. Putting a roof over the trailer, then adding a second story to the abomination, then a shed that became a barn for poultry and swine... I think you get the point. I calmly walked over one day and asked what he intended to do. He BTW was about 6'5" and was a sprite 350 at a minimum. His response was "whatever the hell I want. I learned quickly how this was going to go so I left and looked for build permits, septic, water etc. Of course none of these existed. and since the owner of the land never signed off on any septic systems, well needless to say the abortion is now a sheriffs auction which no one wanted because there was no land. I guess my point is, that there are laws existing on what you can and can't do. I just don't think we need to complicate it anymore.

 

[rsanter]

have you ever heard why people like to live on the coast with the ocean as their back yard....they only have asshol*s on three side of them

makes me want to buy a penisula

bob

 

[SteveL]

make sure that the building commissioner and inspectors in your municipality are aware of the project. They would have had to get drawings approved and permits somehow, but if the workmanship is not up to code, the inspectors can stop the construction until they are fixed. If delayed long enough, the owner may have problems with construction loan obligations and could even have to walk away from the project if delayed long enough. Not trying to be an A hole but if this were happening next to me, I would do whatever it took. With the housing market being what it is and likely to stay that way for a while, why would anyone stand by and watch their property get de-valued even more by an eye sore next door?

 

[Charles (in GA)]

Many states now regulate HOA's. In Georgia there are two laws pertaining to such, one for Condos, the other for non-condo HOA's. The GA laws specify procedures for election of officers of the HOA/corp, and mandate the creation of a budget to be presented at the annual meeting, which is required by law also. Florida law even requires an audit of the books every year on HOA's, by a CPA. Some states have no regulation whatsoever, but you need to find out.

Covenants are the "rules to live by" and are binding on all properties that have them described in the deed, or that the property owner has signed on to. The other thing covenants do, is create the legal tie between the physical neighborhood/parcels of land, and the HOA, which should be an incorporated non profit corp. The by-laws of the corp. are the rules by which the corp is run, and are not rules to live by, or be regulated by.

You really need to find an attorney who is knowledgeable in HOA's and probably specializes in them.

Charles

 

[Elwood]

Thanks for the ideas gentlemen. I am definitely going to round up the hood for a discussion. This is probably naive, but maybe if we show a united stance our new neighbor may want to make a change. One post said deed restrictions violations would be a civil action between the seller and property buyer. I hope this is not the case, we are screwed if it is.

 

[SteveL]

Good luck and fight like hell! Better to spend a few bucks now instead of later when you try to sell a house next to an eye sore!

 

[Lloydthumper]

Thanks for the ideas gentlemen. I am definitely going to round up the hood for a discussion. This is probably naive, but maybe if we show a united stance our new neighbor may want to make a change. One post said deed restrictions violations would be a civil action between the seller and property buyer. I hope this is not the case, we are screwed if it is.

Not trying to discourage you or anything but I have seen that go really wrong to you might get someone who changes to get the house built and then paints it pea green with yellow doors and pink shutters you can take them to court they will comply untill next spring etc you get the point. I live out in the county and that is the main reason I won't live in a development. My house is not the best looking but it is not an eyesore either, but I would not want someone telling me to change something they didn't spend a dime on. Now maybe if everyone was interested in funding the needed changes he might listen to you. Just a thought. Or get some of the more handy men in the neighbor hood to help him build it. So they can influence what gets done. I hope everthing works out for everyone though.
As far as craftsman ship I haven't seen it so I can't comment on it. But I have friends that build houses and going out to job sites and even just riding though new communities trust me unless you seen your house built what is under the exterior might supprise you. I have seen Million dollar homes I would not buy even if I had the money.

 

[Elwood]

True. I hate the idea but, good fences make good neighbors. I know somewhere in all this I'll have to pony up for a privacy fence. I promised myself I wouldn't put one up again because it seems every couple of years a hurricane will knock it down.

 

[jay50]

Get to know the neighbor and don't appear as an A$$ or busybody trying to run his life. He' probably like many people these days; working hard all day and trying to build a house for his family. He doesn't have the luxury of sitting in a finished house like yours and dishing out **** to new builders in the area.

 

[John in OH]

Elwood,

First let me assure you that you are not the A-hole in this situation. You spent your hard earned money on an investment for your family. You followed the developments rules and, in good faith, have every reason to expect the others in your neighborhood to do the same. The A-hole here is your neighbor. They obviously show no interest in the impact of what they are doing anyone else - they care only about themselves and have blatantly disregarded the development's rules and, possible, local codes.

I sympathize with anyone trying to do better for their own family, BUT if they do not have the money to build in accordance with the development's rules, and if money was an issue, they should have looked for a location to build where they could meet the local requirements with the resources that they had available. They chose not to do so and now the balance of the neighborhood has to suffer the consequences of their inconsiderate actions.

FIRST, you need to do your homework! Learn all that you can regarding your local community's building requirements, codes, permits, inspections, etc. Visit the county courthouse and see what you can learn with respect to the neighbor's deed and the development's covenents that the neighbor signed on to. Gather all the facts and information that you can find. Simultaneously, start making an ongoing photograhic record of the house's condition, lack of progress, lack of quality, etc. Use a digital camera that will automatically date stamp the photos. SECOND, make sure the other neighbors in the immediate area around this new house will be supportive - you don't want one of them undermining your efforts. THIRD, once you have FACTS in hand and the neighborhood's support, you, or perhaps someone else in your neighborhood that is in tight with the developer, needs to talk to the developer and get him on your side. Appeal to his self-interests and also to his sense of right and his responsiblity (even if he doesn't really legally have any responsiblity). FOURTH, you, some of your neighbors and the developer must attend a local meeting of your township trustees/county board/building commission or whatever elected local organization has jurisdictional authority over new development and construction. Present your photos and officially set forth your complaint. Then sit back for awhile and see if you get any satisfaction. If not, repeat attendance at the next meeting (or more may as required, until you get satisfaction or an answer as to why they can't do anything.) And continue keeping the ongoing photo record regardless of the result.

Don't start off building a HOA that may have no, or limited legal authority and may turn into a monster in the future as others have mentioned. Don't go out and spend money on lawyers until you have exhausted the "free" help that should be rightfully yours via your local elected officials.

Get your facts straight, get your evidence collected, get your neighbors' support, get your developer's support and then try to work through the system. If this fails, I'm sure there will be some slick lawyer you can hire in the future that will be more than willing take your money for a civil action! Even if you have to resort to future legal action, a sound track record of your efforts trying to work through the system first and your photo record should work in your favor. Good luck!

 

[Elwood]

Great post John! That is exactly how I feel. I have busted my **** to afford a nice home for my family. There are plenty of neighborhoods where her house would fit into. I am basically a nice guy who believes in not messing with people. I am not a busybody nor an ***hole. I knew when I posted I would get responses like Jay's. I would love to get to know my neighbor but that is not possible given the circumstances. I cringe every time I look at that piece of **** going up next to me. I wish it was as easy as Jay makes it seem. The bottom line is the house doesn't fit and We shouldn't have to accept it.

 

[aarcuda]

this is why i dont live in a subdivision. ah, the freedom!!!!!!!!!!!!!!!!!

 

[i12flytoday]

First step you need to take is to head over to the County Clerk or whatever office records deeds in your area and read his deed. If his property doesn't have the same conditions on the deed yours does, your HOA and neighborhood are totally screwed unless you want to take up a collection and buy him out of the mess he got himself into.

Based on him building a "kit house" differing substantially from the rest of the hood, chances are the builder has pretty much given up on the tract, and is selling lots off to recover whatever he can.

Any enforcment of deed restrictions would normally be a civil action between the seller of the property who placed the restrictions and the buyer who accepted them. The rest of the hood would be without standing.

This is actually incorrect, depending on where you live. I have had a bit of experience with this in NC, and the restrictions on a property when the deed is written are restrictions that are able to be enforced by "any aggrieved party." You would have to take it to court in most cases, and you would have to convince a Judge why you are an "aggrieved" party, but living next to the house is about as good as evidence to that gets. If it's really bad, you may be able to win on an illegal taking of property cause of action. By lowering the value of your house, he is in effect "taking" property from you under the law. In this situation, you will have to prove that your house values were lowered, which if it's that bad, shouldn't be hard.

I watched a lawsuit in which a person used toilets to decorate their house. They had them in the yard, on the roof, etc... A judge ordered them to be taken down and removed based on the covenants of the property. When the person refused, they county hired a contractor to remove them, then put a lien on the house for the cost. It's all about making a fuss about it if it is bad enough, then enforcing any judgments you get.

Wade

 

[Franz©]

There is a basic underlieing question that either hasn't been asked, or hasn't been answered. If this construct is so damn far out of compliance with the rest of the hood, how in hell did it get past all the wonderful doogooders on the ZONING board and Code Compliance of the town?

If it in fact did, a far larger problem exists, WHAT'S NEXT?
IF IT DIDN'T, why in hell isn't the appropriate government official stopping it?

Something is missing in the facts of this situation, and until all facts are known any action is premature and potentially dangerous.

 

[milkovich]

I would love to get to know my neighbor but that is not possible given the circumstances.

You're willing to round up the entire neighborhood and talk to inspectors and lawyers but it's impossible to talk to the guy?

 

[tigerbalm2424]

Could you post a picture of the property?

 

[G1K]

yeah, let's see this turd.


Ryan

 

[wrigh003]

yeah, let's see this turd.


Ryan

 

[Steve in Mi]

True. I hate the idea but, good fences make good neighbors. I know somewhere in all this I'll have to pony up for a privacy fence. I promised myself I wouldn't put one up again because it seems every couple of years a hurricane will knock it down.

Sounds like your problem is only a 2 year old problem at best if the place is as shabby as you say. It should all blow over, right? BTW, with a hurricane every couple of years I'd question your ability to choose a property suitable for living in in the first place - next thing, you may be trying to legistrate the weather. You picked the place to put down roots, maybe you'll have to pick again, i.e., find a place with lots of rules and regulations already in place [[ only not any rules that will prevent you from doing what you want to do - like build a garage, ha ha ]].

 

[SteveU]

We had a house like that go up in our town that I used to drive by frequently, took at least 3 yrs to complete. Used to comment to the wife that it must be being built by a 1 armed carpenter as slow as the work went. Once completed it is a real nice house & it is probably mostly paid for also.

 

[67 455 Bird ragtop]

Yes, could you post some pics of the house?? And as Franz said if it's as bad as you think it is how is it passing any iinspections?? Is it just because they are using metal studs and it looks weird ?? You never expounded on why you say the craftmanship is so bad.

 

[Britt]

What happened to the America where you gathered up the neighbors and helped him work on the house?

 

[jamm]

I agree with FRANZ, something is being left out of the equation. Is there bad blood between you and the neighbor? Maybe the guy is just a normal hard working American that wants to fulfill his dream and building the house himself is the only way he can swing it. Point his to this board as a start. Your neighbor is only as friendly as you are.

Where's the developer? In Michigan, they typically police any covenants until the development is full. Get his help if the neighbor has the same restrictions.

Learn your local codes and ask that the work be inspected by the proper authorities. Usually, the city\township\parish boards meet once a month. Get on their agenda and take pictures to show them. That will at least get someones attention other than the inspector.

I would say thumbs down to a HOA. It may be good for senior centers or hollywood but in the end it will come back and bite you. If the code enforcers can't help I'm sure some lawyer will be willing to take some of your money in an effort to help. If you do organize a HOA, how much are you willing to pay to buy this guys dream? How much will the others members want to chip in? I can see the dollars flying now. Seriously, if he doesn't have the same restriction as you or the rest of the development (yes a developer can change them mid-stream) he would have to be grandfathered into the HOA and you'd still be stuck with him.

I think your best option is to talk to the guy. Maybe he just needs some guidance. Who knows, he may just become your best bud.

Good luck

 

[Lloydthumper]

What happened to the America where you gathered up the neighbors and helped him work on the house?

I mentioned that but I guess that only goes on in amish country now.