homeowners association - road on residential lot

homeowners association - road on residential lot

jragsdale@championhomes.net (Johnny Ragsdale)	9/1/2004 3:04:34 AM
I need some guidance on what is the best way to seek an injucntion to stop a road on a residential lot in my subdivision. I am a part of a homeowners association that has its by-laws written in the covenants of the property. My subdivision is platted as residential lots with covenants. Someone bought a lot at the very inside edge of the subdivision and is putting in new road to access a new subdivision on the residential lot. They were granted permission by a member of the executive board at a meeting that had no published agenda and no quorum present. Also, we get a monthly newsletter and there has never been mention of this road. It is being built this week. I need help knowing how to fight it and how to seek an injunction. Here are my ideas. The covenants are governed by 51% of the lot owners as a majority. The by-laws are governed by homeowners, with each homoeowner being a member and having 1 vote. Here are my possible remedies to get an injunction against the road. 1. Covenant 5 - "No noxious or offensive activity shall be carried on upon any lot herein, nor shall anything be done thereon which may be or may become a nuisance to the neighborhood." My subdivision is approx 80 homes. The new subdivision that will be accessed by this road is at least 30 new homes and will create a traffic nuisance to my subdivision. Would this be a valid approach if I had a petition to 51% of the lot owners stating that they consider this a nuisance in accordance with covenant 5? 2. Our association is a non-profit organization. In the by-laws it states that "Roberts rules of order must be followed". There was no agenda published. Can I attack this through Roberts rules regarding the agenda or read the minutes to make sure the proper motion processes were followed? Also what if the organization has never filed any proper paperwork to be recognized as an organization? 3. Does this fall under the open meeting act? The by-laws require an annual meeting, but I don't know if the open meeting act applies to this type of organization. 4. The association by-laws require 1/3 of members to constitute a quorum for conducting all business of the association at a general meeting. There was not a quorom present at the meeting where permission to build a road was given by the board. 5. Article 1 of the assoc bylaws says "purpose of the association is to preserve and enforce by-laws and covenants for the betterment of the members of the association" Anything I can use this for? 6. ARticle 5 of the assoc bylaws says that the executive board powers are:4."enforcement of bylaws and covenants as directed by a plurality of all membership" Any ideas on what is the easiest way to stop the road either temporarily or permanently?



lighthope@onepost.net (Lighthope)	9/2/2004 3:07:40 PM
jragsdale@championhomes.net (Johnny Ragsdale) wrote in message news:<445f2bd5.0409010204.6a615998@posting.google.com>... I need some guidance on what is the best way to seek an injucntion to stop a road on a residential lot in my subdivision. I am a part of a homeowners association that has its by-laws written in the covenants of the property. Homeowner Associations are a violation of private property rights. A person, by Constitutional law, should be free to do whatever he wants his property. Unless your Homeowner's Association has monetary interest in someone's propety (ie. the Association paid for and is part owner on the deed), you have no right to tell them what they can and can not do with thier property. Legislators and courts, for some strange reason (though it's not surprising) have ignored the law and allowed HOAs to exist. But hopefully not for much longer. Yes, the owner agreed and signed a contract with teh HOA. But even a first year law student can see that such signing is under duress. (Sign the contract or you don't get the home.) And also a clear violation of EOA. Support private property rights. Eliminate Homeowners Associations. Lighthope Pearls of Wisdom - If all those psychics know the winning lottery numbers, why are they all still working? --== Give performance reviews of your boss: http://www.rateyourboss.org

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