与HOA(HOME OWNER ASSOCIATION)的冲突, 如何解决问题?

来源: 2006-05-05 10:40:19 [旧帖] [给我悄悄话] 本文已被阅读:

Probably I should solve this issue before the house closing due to the huge size of the tree well potential problems, such as safety and inconvenience for the living style. It seems too late now and it is complicated and unpleasant to work out. That was my mistake!
First of all, I would like to apologize my violation side walk way building
nearby my house, but I am not guilty since I built this "walk-way".
Secondly, I would like to address myself to explain the processing of procedures

I did for this issue so that you are able to review and understand my situation.
1. On the date of 09 23, 2005, I submitted an “Architectural Control
Committee Application” to HOA with the request of following:
A: Tree Well Decking for the walk way.
B: Backyard Shed.
2. Feedback from HOA on the date ~ 11 18, 2005 is to submit with a drawing which needs to show the shed location by the house, and then I sent the site map with indication of the aforesaid request on the date 11 23, 2005.
3. Comments from HOA on the date ~ 11 22, 2005 are to move the Shed
location behind of the house and resubmit. I resent the corrected location with
alteration of the drawing and additional request for the “Garbage Fence” to
resubmit again on the date 11 23, 2005.
4. Feedback from HOA on the date 11 30, 2005 is to require a Shed
materials and color. And then I sent them the materials details with color on
12 01, 2005.
5. On the date 12 16, 2005, I had a good response news from HOA which
stated the application has been approved! But when I carefully read the approval letter, it is for the Shed only.
6. I called HOA to ask the rest of the others request situation on the
date 01 24, 2006. I was advised that I am okay for the decking and garbage fence on the phone. No need the approval letter. In order to avoid the trouble, I would like to ask for the written paper work for this approval confirmation. I was told that you need to resubmit the application if so.
7. I submitted the application of “Architectural Control Committee
Application” to HOA again on the date 01 24, 2006.
8. I was requested to submit a drawing to what the decking will look like. Then I sent them a drawing with details on the date 01 26, 2006.
9. The feedback is that I was requested to build whole well decking. The
tree well is about 24 feet by 24 feet dimensions and 2½~3 feet deep, and it
split by 55% and 45% of the boundary for my neighbor.
10. I asked my neighbor to look for the assistance. My neighbor consented
for the decking building but they would not like to pay for (Understandable). The Owner even would like to have a “Power of Attorney” letter to authorize me to build the decking if necessary.
11. I went to small amount court and I was advised that I could not build anything which does not belong to me.
12. I went to my Original Home Builder for the assistance to check if they are able to approve or coordinate with this issue. I was told that they are unable to help due to the house had been closed.

I HAD TRIED MY BEST AND I COULD NOT DO FURTHER MORE FOR THIS.THEN I BUILT THE "WALK-WAY" WITHOUT NOTICE TO THE HOA.

Based upon the following reasons, I have to build this side walk way:
1. My house side walk area is only 1~2 foot wide and it is sloped as well. All of our family members have to walk on top of the “Well” edge to reach the backyard or down into the “well” then climb up to the top ground.
2. I have 2 children in my house. The boy is 4½ years old only. For the
safety issue, this decking is necessary for the kids playing around the house.
3. I had back & neck pain for 5 years and MRI (2 times) shown my spine had problem as well. MRI (2 reports) and medical report will prove this.
4. Each time when we need the lawn mowing or the grass water sprinkling, I have to climb up the tree well a couple of times because our water supply is
located in the backyard.

Thinking about those possibility:
1. If you were 70 years old
2. Or disability person.

Then I called the city of "Building & Plan" department, their surveyor inspected the site, and called me back as follows:
A: There is no problem to build such deck and this building will not hurt the tree as well. (I had this positive answer records).
B: They would not like to issue a written letter to the HOA due to avoid involving in the legal issue.


Any attorney/lawers are willing to answer this inquiring and assist me to resolve this issue please?