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Gary

hoa request denial

12 posts in this topic

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.

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1 hour ago, Gary said:

I'm now contemplating legal action in small claims court.

 

I'm not sure you can seek injunctive relief in small claims court. Read the Indiana Small Claims Manual and Small Claims Rules at:

 

https://www.in.gov/judiciary/2710.htm

 

Besides, you might be making the same mistake that many others make, relying on something that isn't specifically prohibited like "You can't have a second driveway" when there are other terms and conditions that effectively prohibit a second driveway without actually saying so.

 

 

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2 hours ago, Gary said:

do I have a viable claim for anything.

 

We have no conceivable way of knowing.  Save for the statement that you want a second driveway, your post is very unclear.  And, of course, we haven't read your CC&Rs.  I suggest you confer with a local real estate attorney who handles HOA matters.

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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." 

  

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3 minutes ago, Gary said:

(d)  the removal or placement of landscaping or structures in the open space preservation easements. "

 

There you go.  You are removing landscaping and replacing it with paving of some sort.

 

That is exactly what I thought it would say.

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Seems like you omitted a dozen or more letters of the alphabet in the sections you posted. Without reading the entire CC&Rs there's no way of determining what was relied on to deny you an additional driveway.

 

It could be as simple as a general requirement that all homes conform to the design standards of the community. If all the homes in the community had one driveway then a home with two driveways would not be conforming to the design standards of the community.

 

That's the problem with living in an HOA. You have to CONFORM to standards set by others for the benefit of the community. You have the security of knowing that members of the community can't do anything outrageous with their property. By the same token, you don't get to be odd man out by having two driveways when everybody else has just one. You make a compromise when you live in an HOA. You give up freedom in exchange for security. Hence the word "restrictions" in CC&Rs.

 

If you want two driveways, sell your house and buy one where there is no HOA. Then nobody can say boo to your second driveway.

 

 

 

 

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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.

 

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