Need help dealing with HOA

[bob2007]

Yes document, but….. I would visit the appropriate HOA person and have a nice face to face discussion. You sound reasonable. Things can always get out of hand when documents start flying, and much like cutting off someone while driving, letters and emails have that sense of distance and people generally provide much more consideration face to face. One you put a face on the documents, and if your the one being reasonable, the tone will usually change. And if the neighbor is a PITA, sometimes HOA people will say things verbally that they would obviously never put in writing.

[CVnewbie]

Our neighbor think we are invading their privacy because the playhouse is on the slope and the kids can see their house from the playhouse and they also think it affect their property value. While I don’t see how a beautiful playhouse from your neighbor’s yard can lower your property value, I understand where are they coming from and therefore I am not saying who’s right or wrong. However the privacy issue can be fixed by planting some trees.

If the table is turned, I would not mind the playhouse from my neighbor at all. After all it is just for kids and its not like someone is living in that playhouse. My kids only go out to play once in a while or when they have friends over. Childhood is so short and they will outgrow it in a few years anyway. My husband and me are just shocked how they destroy our relationship with no reserve. Who knows our kids may end up in the same class and they are only in the first grade now. We were so looking forward to invite their son to come over to play in the playhouse and now no way for it to happen. Feel so bummed since we are new to the neighborhood and we are planning to stay here for many many years.

Back to the HOA, the responsibility of HOA is to take care of the maintenance of the common area. So our biggest argument is that our backyard is not visible from any common area. Can the HOA still force us to take it down because our next door neighbor complain about it? We are the homeowner too and how can they protect the interest of one owner over the other? As for the CC&R, the wordings are ambiguous like ‘ include but not limited to’. So potentially we have to get an approval if we want to dig a hole in our yard !!

Just wish I know more about the decision making process of the Hoa board.

[CA renter]

[quote=CVnewbie]Our neighbor think we are invading their privacy because the playhouse is on the slope and the kids can see their house from the playhouse and they also think it affect their property value. While I don’t see how a beautiful playhouse from your neighbor’s yard can lower your property value, I understand where are they coming from and therefore I am not saying who’s right or wrong. However the privacy issue can be fixed by planting some trees.

If the table is turned, I would not mind the playhouse from my neighbor at all. After all it is just for kids and its not like someone is living in that playhouse. My kids only go out to play once in a while or when they have friends over. Childhood is so short and they will outgrow it in a few years anyway. My husband and me are just shocked how they destroy our relationship with no reserve. Who knows our kids may end up in the same class and they are only in the first grade now. We were so looking forward to invite their son to come over to play in the playhouse and now no way for it to happen. Feel so bummed since we are new to the neighborhood and we are planning to stay here for many many years.

Back to the HOA, the responsibility of HOA is to take care of the maintenance of the common area. So our biggest argument is that our backyard is not visible from any common area. Can the HOA still force us to take it down because our next door neighbor complain about it? We are the homeowner too and how can they protect the interest of one owner over the other? As for the CC&R, the wordings are ambiguous like ‘ include but not limited to’. So potentially we have to get an approval if we want to dig a hole in our yard !!

Just wish I know more about the decision making process of the Hoa board.[/quote]

Okay, this is exactly what I was thinking while reading through this thread. I figured this because we have a neighbor who’s built a playhouse on stilts on the hillside in their backyard (not even their property, but that’s another story). It looks **directly** into our bedroom, kitchen, family room, and is like a spy tower looking over our backyard — the tree/play house is about 15-20 feet above the level of our backyard and the windows are placed in a way that they are looking directly at us. We planted a few trees in front of it on our side of the fence, at a cost of around $2,000+ for the trees and installation, and it will probably take a few years before we get any real privacy. Their kids are now teens, and they go up there and smoke pot and watch us when we’re in our house and yard. They go up there to check us out if they hear we have company over, etc. Not cool.

So, having been “on the other side of the fence” on this issue, is there any way you could move the house to the flat part of the yard so that it doesn’t interfere with the neighbor’s privacy? It just seems like the considerate thing to do. Just my 2 cents.

[XBoxBoy]

[quote=CVnewbie]Can the HOA still force us to take it down because our next door neighbor complain about it? We are the homeowner too and how can they protect the interest of one owner over the other? As for the CC&R, the wordings are ambiguous like ‘ include but not limited to’. So potentially we have to get an approval if we want to dig a hole in our yard !!

Just wish I know more about the decision making process of the Hoa board.[/quote]

Each HOA is different, and who is on the board and making decisions impacts how decisions are made. And yes, your CC&R’s are probably vague and open to interpretation. With that in mind, try to meet with the people on the HOA board. Try to diplomatically convince them that you are not in violation. The more they see you as neighbors who care about the community and not faceless entities the more likely they are to be sympathetic to your point of view. Don’t jump to threats or retaliation, but also don’t allow them to see you as a push over.

Also remember that the HOA is not the final authority in this. You do have legal rights. (Although understandably, going the legal route is something you may not want to do)

Good luck with it all, sounds like a mess to me.

[spdrun]

How tall is the damn playhouse? If it isn’t on stilts on both ends, it doesn’t give any better view than that from the eyes of an adult man standing on the slope. And there’s no rule against standing in one’s own back yard.

And guess what — a few years ago, a wise young lady invented a thing called “curtains.” Perhaps someone should send them a Laura Ashley catalog as a polite hint.

[DataAgent]

There are lawyers who specialize in hoa disputes. Maybe it’s time to buy an hour with one. At least you’ll know your legal rights.

I don’t know any hoa lawyers but here’s one that I googled:
http://www.orcblawfirm.com/practice/real-estate-law/hoa-property-law.html

[joec]

I agree with CAR on this one…If it was me, I wouldn’t want a playhouse looking in my house/backyard/windows/etc…too…I think reading this earlier, I didn’t know it was high up on a slope so if you could move it down, the neighbor maybe more receptive to that.

Also, it’s easy to look at it from just one side and that’s why these disputes happen since people have a tendency (everyone) looks just at it from their angle…Maybe it’s no “big” deal to you, but I know I’d probably fight it as well if it was me…

That said, yes, there are curtains and all that, but if I’m just sitting back having a BBQ or sitting and staring in space, I really don’t want to see kids or neighbors or anyone really checking me out or just watching me.

Course, I generally don’t like people to begin with and aren’t one of the friendly neighborly types so it could be just me…

Lastly, I’ve noticed that in terms of kids playing together, it’s more important at the younger ages that the parents actually like each other vs. the kids liking each other…

I doubt they care whether the kids get along since they don’t really like this playhouse thing and don’t really want to do much with you unfortunately.

Also, people don’t want to ALWAYS use curtains in their kitchen, while watching TV, etc etc…

You feel like a fish bowl and these houses now are so darn close already…

[tc]

My wife used to work for the HOA in Eastlake. She told me that exact same story about 5 years ago. She said the same thing. But because the neighbor could see it the HOA lawyer said it had to be taken down. And it was.
On top of that you are at the mercy of the “board”. Because not enough people show up for elections board members are allowed to appoint people to vote for entire area’s of the HOA. So good luck with a fair election. Also board members plans are rarely turned down by the board.
After her stories I refused to buy in an HOA neighborhood.
So the only real way to win is to run for office.
Good Luck
It really sucks that your neighbors hate the sound of children having fun.

[localguy]

I have been running the HOA and chairing the ARC for a few years out here where I live. The management company will send out the letters that to me seem heartless and devoid at times of common sense. That being said, we do have restrictions on playsets, basketball hoops. etc…. I always tell the homeowner, just respond back that you will throw a plant up to screen it, or you will “move” the structure as it is “temporary”. Get on with life. We actually have one home owner who volunteered to drive around and provide a list of everyone who is non-compliance! Thanks dude….but, no thanks. I always side with the homeowner within reason. Someone mentioned speaking with the HOA in person, great idea. The letters that the management company send out are just legal non-sense most of the time. Do a little work, find your board member, and ask that person to apply a little common sense. In conclusion, I would leave your playset right where it is.
Localguy

[CA renter]

[quote=localguy]I have been running the HOA and chairing the ARC for a few years out here where I live. The management company will send out the letters that to me seem heartless and devoid at times of common sense. That being said, we do have restrictions on playsets, basketball hoops. etc…. I always tell the homeowner, just respond back that you will throw a plant up to screen it, or you will “move” the structure as it is “temporary”. Get on with life. We actually have one home owner who volunteered to drive around and provide a list of everyone who is non-compliance! Thanks dude….but, no thanks. I always side with the homeowner within reason. Someone mentioned speaking with the HOA in person, great idea. The letters that the management company send out are just legal non-sense most of the time. Do a little work, find your board member, and ask that person to apply a little common sense. In conclusion, I would leave your playset right where it is.
Localguy[/quote]

Good post.

Maybe the OP can plant some bushes or bamboo, etc. to screen the playhouse from the neighbor’s house. It might be a good idea to ask the neighbor about it. After all, the neighbor should not have to deal with the time and expense of shielding himself and protecting his privacy from the playhouse. It should be up to the person who put the playhouse there to make sure they are not encroaching on another person’s privacy.

[CVnewbie]

[quote=localguy]I have been running the HOA and chairing the ARC for a few years out here where I live. The management company will send out the letters that to me seem heartless and devoid at times of common sense. That being said, we do have restrictions on playsets, basketball hoops. etc…. I always tell the homeowner, just respond back that you will throw a plant up to screen it, or you will “move” the structure as it is “temporary”. Get on with life. We actually have one home owner who volunteered to drive around and provide a list of everyone who is non-compliance! Thanks dude….but, no thanks. I always side with the homeowner within reason. Someone mentioned speaking with the HOA in person, great idea. The letters that the management company send out are just legal non-sense most of the time. Do a little work, find your board member, and ask that person to apply a little common sense. In conclusion, I would leave your playset right where it is.
Localguy[/quote]

Good post, thanks.

Yes we can definitely screen it up, in fact our other next door and rear neighbor both have no problem with it at all because they can’t see it. We are even willing pay our neighbor to plant trees in their own yard if they open up for a talk. We are very reasonable people, but it is hard to do anything when the other person is angry and unwilling to talk.

Our development have pretty big lot, although our playhouse is on the hill, it is not directly facing their house, It is at least 50-60 feet apart. it is in such an angle that we can see nothing inside their house but just their windows.

[CVnewbie]

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