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Gary

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  1. Gary

    HOA Issues

    adjusterjack that makes sense. thanks
  2. Gary

    HOA Issues

    county/city may/does require permitting.
  3. Gary

    HOA Issues

    I'm in a relatively new subdivision in Greenwood IN. The CCR, under Architectural Standards says, Nothing, including fence, deck, ..., or any structure, storage shed, doghouse, ..., excavation, grading, ..., exterior alterations, ..., removal of plants, trees, or shrub shall take place except in strict compliance with this article, until the requirements below have been fully met, and until the approving committee has been obtained pursuant to Section 1 below. In Section 1, until 100% of the lots have been developed and conveyed to purchasers. After that, it appears that almost anything might go if it fits into the decor of the neighborhood. In contradiction of the CCR, the Manager has been approving changes to the completed lots (large and small). So I asked to have some fencing and a second decorative driveway (to match current area home driveway). I delivered the plans in person. I was immediately told that the driveway was denied. She said that she had concerns about my using the drive to store junk vehicle and having to deal with HOA member complaints of the same. The Manager is selectively breaking the CCR rules. I want a chance to get permission from the County/City to install a driveway, and just like a lot of homeowners who made changes and didn't have to wait, I want the same. I did ask if I there was someone else I could take my concerns to, but currently, there are still a few lots being built on, and there is no Board to ask questions of. The HOA Managing agent told me that there was no one else for me to talk to but her, saying that "I have the final decision." What kind of suit can be filed to resolve this issue, including the potential for monetary damages, etc? Thanks.
  4. Gary

    hoa request denial

    The information in quotes is exactly the way it is written. With no sentence omissions before or after the sentence in quotes. D, S, and P or fully quoted statements. D is a bit awkward, but that is how it is written.
  5. Gary

    hoa request denial

    You may be right. Thanks.
  6. Gary

    hoa request denial

    But it say common areas do not include easement areas across an owner's lots.?
  7. Gary

    hoa request denial

    The citing presented to me, under, "Power Of Disapproval" says; " The Committee may refuse to grant permission to construction, place or make the requested improvement. when: (d) the removal or placement of landscaping or structures in the open space preservation easements. " This exactly how it is written in the CCR. To me, the closest thing to "open space" has to be the roadway/street. And the CCR defines open space as Common Areas as a Open Space Areas; " (s) "Open Space Areas/Common Areas." In addition to the retention ponds being open space areas, other spaces labeled as noted is contemplated, some of which may be Limited Common Area; " Additionally, the CCR says; " (p) (1) Common Areas and any dedicated common access thereto. This area shall not include easement areas across lots, which maintenance shall be the responsibility of the respective lot owner."
  8. I want a 2nd driveway. CCR doesn't prohibits it. Open space violation was cited. The citing makes no sense, but maybe they think that the curbing needs to be cut. All curbing is shallow. The low profile curbing needs no cutting. I asked for a meeting with the board. Currently there is no Board in place, since the builders are finishing up the last of the homes to be built. The HOA manager said they she was the final decision maker for approval, and since she denied my request, the request is denied and there is no one else to talk too. I'm now contemplating legal action in small claims court. Assuming my situation, do I have a viable claim for anything.
  9. In legal matters where a company offers settle out of court and you (I) accept, where a settlement and release are provided so that they can release funds. If I do I sign the release and voluntarily dismiss my action against them, can they legally change their mind leaving me with no recourse? Additionally, if I dismiss my action, statute of limitations kick in against me.
  10. Had a verbal blowout with a neighbor who lives around the block from me. All over them bring their 2 dogs to my property which they use a personal toilet, usually 3 to 4 times a day. Prior to the blowout, I had cameras, and I then posted no trespassing signs on my property. After posting the no trespassing signs, I had angry words with the male owner who I phyiscally caught on my property again. I called the police after our argument, and the police visited their home. He stopped coming after that, but then his wife and pregnant daughter/step-daughter started walking the dogs. I then caught the daughter with the dogs on my property, and had angry words for her. Next thing I know, I'm out mowing my grass and a young man approaches me. As he gets closer, he is talking about the words he believes I had with is girlfriend or fiance and begins telling me what he is going to do to me. All the while, he is on my property ripping my no trespassing signs from the ground and throwing them through the air. The fiance/boyfriend claimed to be an ex-con and on probation, and bragging about it as a part of verbal threats and physical threatening gestures. I called the police agian after our argument. All of this happened in one day, over a 10 hour span. I'd like to file a restraining order against the 4 people mentioned, but I have two police reports and no names to use in a complaint (only a home address). I'd also like to file criminal charges based on trespassing and destruction of personal property. How tough will this be to get done in Greenwood IN, and I have camera video?
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