kranky
Elite Member
- Oct 9, 1999
- 21,017
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Originally posted by: mugs
Originally posted by: kranky
But the end result is that they are still out $20,000 because three people didn't want my parents to live there.
What was their offense?
My parents were moving from PA to NC and were building a home there. The HOA had to approve all the plans, and they did approve them. After my parents sunk most of their life savings into buying the home (it was a manufactured home), the HOA decided they don't allow manufactured homes and revoked the approval. So at this point, they owned a lot and a house, but they couldn't put the house up.
The HOA gave them a list of changes that would be required in order to get HOA approval (again). They got the plans updated, and sent them to the HOA for approval. Month after month went by with no word from the HOA. They hired a lawyer in NC to get things moving, but the HOA refused to approve (or reject) the plans, and that meant they couldn't proceed with the house. Eventually the builder said he was going to have to charge them $500 a month to store the home. The HOA's strategy was to refuse to do anything until my parents gave up and quit. But they had so much money sunk into it by then, that wasn't an option.
At wits' end, they told the builder to put the home on the lot to avoid having to pay $500 a month for nothing. That's when the HOA decided they could take action after all: they got a court injunction to stop the builder when they saw the builder show up on the lot. My parents had to go to court to get the injunction overturned. They lost. The lawyer told them to appeal, because it would mean the appeal would be heard in a different county where everyone isn't quite so chummy.
After two more court cases, a judge ruled the HOA was way out of line and he voided all the covenants (HOA rules).
Great. They got their house built, but it only cost them most of their life savings. And many of their neighbors won't speak to them because somehow it's my parents' fault that all the covenants were ruled unenforceable.