Bob Wainner
HOA's "Homeowner's Associations"
Over the duration of my "Landscape Architectural Design Career"......I have had to deal with HOA's, their HOA Guidelines/Rules & Issues. I found that many of these HOA's are "difficult" to deal with to say the least.
One issue that most HOA's don't understand is....that their Guidelines & Rules "cannot" over-ride City or State Laws. I ran into this issue in The State of Colorado earlier this year. The Landscape Architect's Laws in The Staet of Colorado state that "If you're a Landscape Architect & plan to design a Single-Family Home...you do NOT have to be a "Licensed" Landscape Architect in The State of Architect. Well, the Homeowner I was comunicting with explained to me....that her HOA "requires" a "Licensed Landscape Architect" to provided Landscape Plans for her Home & then submit those plans to the HOA for approval. I explained to the Homeowner.....the HOA can't go against the laws setforth by The State of Colorado. Just one example...and I didn't get that design job.
With respect to "a Tree falling & damaging a neighbor's fence or wall"...if your tree is health & properly maintained...and it was blown over by a thunderstorm or tornado...this is considered "An Act of God"...so you aren't financially responsible for the fence or wall damage - the neighbor would file a claim with their Homeowner's Insurance to repair the fence or wall. However, if your tree is in poor health & not being well maintainted.....and happens to fall on to your neighbor's fence or wall....You may be liable for the damage to the fence or wall (or your Homeowner's Insurance would take care of the costs of the fence/wall damage).
Another issue many people wonder about. What if a neighborn's large tree has a large branch that's overhanging my yard (over the property line)? Do I have the right to cut off that branch. Yes, you do. But it's always a good idea to first discuss the situation with your neighbor first.....and best to hire a professional tree service to cut off the branch (so that by doing so, the existing tree won't be damaged).
Another HOA story....that involved ME. Back in the year 1999.....my 3rd Wife (Jackie) and I were building a 2 story Queen Anne Victorian Home (on the east side of Lake Lewisville)...on a 1 acre lot....very wooded site. I really didn't even need to landscape that property...I just had enough trees cleared for the Home & Driveway..I felt that GOD did a great job Landscaping that property for us. Besides, almost all of the existing trees on the property are "Post Oaks"...and those trees don't like additional water - like from an irrigation system - so, the idea of a lawn & additional plans was just not going to happen. There were (2) 50 year old Post Oaks at the front & rear of the property (taller than the 2 story home). Well, after our Home was about 75% completed, the HOA gave me a set of my Home Blueprints that was "signed and approved by the HOA". Towards the very end of construction, the painters got busy painting our home. The colors were traditional for a "Victorian Home"...pink, yellow, mediterranean blue, white, etc. Jackie really wanted the "pink", so I went along with her request. After the Home was painted, Jackie and I personally hand painted the posts at the 1st floor and 2nd floor wrap around porches.....with rings of about (5) different colors so that ALL of the posts matched each other. Well.....then the Sh** hit the fan. Several of our neighbors (especially the 2 next door neighbors) had a serious problem with the "pink" colors on our Home. Then, the HOA sent us a letter requesting that we "re-paint" our Home different colors. Well, I "rejected" their request and told them that there was nothing in the HOA's Rules & Regulations that dictate what "colors" a Homeowner can paint their Home...and I pointed out that they had "approved" our Home Plans. I had my "Home Design Studio" on the first floor - right inside the front door......great that I didn't have to commute to a job & I used FED EX to send final "Landscape Architectural Plans" to my clients. One afternoon, TV personality "Steve Stoller" from Dallas' Channel 4 News showed up on my door step along with a camera man (who had one of those big professional shoulder mounted cameras). Steve introduced himself and said that his producer wanted to interview me LIVE on the Channel 4 News....about my contraversal Victorian Home. I told Steve nicely...I don't think so (I've seen way too many people interviewed on TV making fools of themselves...LOL.). But I told Steve that they could video any of the exterior of our Home & that I would answer any questions he had for me. Well, that newstory ended up being at least 10 minutes long & Channel 4 aired if on the news (4) nights in a row. I have a copy of that VIDEO here at home. Even the Mayor of our little community said on the news story that, Hey, this is America, nobody should be able to tell someone what color they should paint their home. I have sense learned.....that that same HOA has NEVER revised their HOA Rules to include a statement that says "The HOA must approve the paint color/s or your Home before construction". BTW, the homes in that area were a very wide variety of styles & construction materials...no (2) alike. That all took place back in 1999...we moved in Christmas Day, 1999. I recently looked up that Home online and it's now valued at TWICE what it was when we moved in.
Bob
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