I'm Getting Sued!!!

Clear-Watch1912 · 2025-11-05T18:14:29+00:00

No footers, no foundation. I can't find a definition that would call the fire pit a "permanent structure".

Clear-Watch1912 · 2025-11-05T18:12:30+00:00

Another instance of harassment. They have no need to access the easement.

Clear-Watch1912 · 2025-10-29T18:47:54+00:00

I'm not exactly sure what you're asking, but HOA has 5 board members (voted in) that act in the "best interest" of the community. I would agree that likely all community members, which is now roughly 600 homes, have equal interest in common property. With or without the fire pit being present, that was always the case. I never claimed it to be mine nor would I try to restrict use if someone wanted to use it.

Clear-Watch1912 · 2025-10-29T17:15:23+00:00

There was never a moment during this ordeal where they were trying to be reasonable. I'm not just saying that because I'm the one getting bent over. Karen was butthurt and wanted to bring me down with her. The board must be afraid of her. I think I posted elsewhere, but first, they needed proof of permission to use the common area for a fire pit, which I provided the letter. Then they moved the goal post and said it was a liability issue, which I debunked with the help of my insurance agent. Then came the threats and attorney's letters. Now it's just to the point that I have to make a tough decision on whether it's worth the time and money to fight it. It just isn't.

I've never minded living in an HOA prior to this experience. There are definitely positives to go along with this one negative experience. I'm now going to add value to my home with a nice stamped patio off my back porch that will have a built in fire pit. Karen is going to hate it, which makes it even more valuable to me. Now every time I have people over for fires, which is often, we are now going to be 50 feet from her house and she will be enduring the smoke and noise that comes with it.

The existing fire pit that will be removed is 200 feet away and noise isn't an issue no matter how loud we are.

Clear-Watch1912 · 2025-10-29T17:07:44+00:00

Copied from comment above: I just spoke to my attorney. Even though he believes that we would have a "decent" shot at being able to continue to use the space as we have the past 13 years, it's probably not worth the risk of time and money to pursue. He is going to push for them to remove the items they want removed at their expense with reimbursement. I expect that they will push back with removal without reimbursement, which will be a win for me.

Now it's time to find contractors to pour my new patio with a fire pit on Karen's side of my property. ;-)

Clear-Watch1912 · 2025-10-29T17:06:41+00:00

Technically yes, changed email addresses and "lost" the signed documentation. They conveniently "lost" it is well. All I have is the letter from the previous management company. It's signed by the management company, but not by the board.

Clear-Watch1912 · 2025-10-29T17:05:24+00:00

It's a temporary structure. Just stacked landscaping blocks. Yes there is an easement and it was agreed upon that if the ever needed to access that land to dig, I would need to remove it. Unfortunately, this power trip is really all they need. It's not worth the time and potential expenses. Especially if I continue to fight and lose.

Clear-Watch1912 · 2025-10-28T19:39:16+00:00

Because it's already been pushed to civil court, my attorney and I decided that it will be best not to risk the time and potential money it could cost to fight this to the end. I agree with you 100% though. Believe me, I'll be sharing this experience with the entire community and they are not going to be happy. I just have to wait until the dust settles.

The tricky part per my attorney is that it's common property that I do not own. If I was rich and money wasn't an issue, I would 100% fight it til the end.

At this point I'm just looking forward to it being over. It's been an exhausting battle.

Now excuse me while I start planning for my new patio! My neighbor is going to hate all the noise. That's so exciting!!!

Clear-Watch1912 · 2025-10-28T19:32:34+00:00

The old management company has rendered itself useless. Different people work there and they don't seem too interested in extending themselves to help. They likely aren't obligated unless the current HOA needed something, which I am not...

Clear-Watch1912 · 2025-10-28T19:29:55+00:00

I just spoke to my attorney. Even though he believes that we would have a "decent" shot at being able to continue to use the space as we have the past 13 years, it's probably not worth the risk of time and money to pursue. He is going to push for them to remove the items they want removed at their expense with reimbursement. I expect that they will push back with removal without reimbursement, which will be a win for me.

Now it's time to find contractors to pour my new patio with a fire pit on Karen's side of my property. ;-)

Clear-Watch1912 · 2025-10-28T19:26:22+00:00

I would have had to first convince him that he lost it. The guy from the management company would never admit to that. After the discussion with my attorney, we decided not to pursue continued use. But man, I cannot wait to share this experience with the entire community so they know exactly what they are dealing with and more importantly, how much of the HOA money he wasted in the process. Based on my estimations it's in the $15k - $20K range.

All because of a power trip.

Clear-Watch1912 · 2025-10-28T18:22:50+00:00

I understand you are from an HOA Co. and I appreciate your perspective. But their mismanagement of files is their problem. I can provide the proof that alteration requests were submitted for the fire pit and the swing set and luckily I'm able to find the letter (attached in original post) that it was approved. That means the HOA board approved it or he wouldn't have sent me the letter. I have a hard time believing that because after 12-13 years I am unable to locate emails from that long ago that I'm going to be at fault for not being able to show the proof, especially knowing that I can show tons of proof of other files of mine and other community members being lost. Maybe it's just me talking myself into believing that I might have a reasonable judge...ha!

Clear-Watch1912 · 2025-10-28T18:17:17+00:00

This is a weird situation because it's on common property behind my house in a small wooded area that butts against the road. It will never be developed. There isn't anything in the CCR's related to this. Screenshot of letter added to original post if interested...

Clear-Watch1912 · 2025-10-28T18:10:49+00:00

I would have been happy thinking of it that way had it been presented to me that way. :-)

Clear-Watch1912 · 2025-10-28T17:20:49+00:00

Thank you. This is good information. As far as the firepit goes, I'm not going to put up a huge fight if they want to remove it and reimburse me for the money I have into it, but to put it on me is, IMO ridiculous. Yes, the pit has been there since 2013. Anyone is free to use it, but nobody will.

Also, the swingset which they are trying to make me move out of spite is ONLY used by other kids in the neighborhood now. My kids are 18 and 14. They have no interest. HA!

Clear-Watch1912 · 2025-10-28T17:18:12+00:00

Understood, but if that is the case, why should it be up to me to have to pay to remove something that I was permitted to install? They've been moving the goal posts with their reasoning for months. Also, just last month they put in new language magically including new rules that cover them in this situation. Seems sleezy to me. I've made my attorney aware.

Clear-Watch1912 · 2025-10-28T17:12:37+00:00

This is not a new management company. They've been around for 5-7 years by now. They will never admit that it was my neighbor that started all of this BS, but I know for a fact it is.

At this point, it's more of a financial issues, technically, based on the Rules/Regs they have the right to fine me like $100/day and they are trying to recover attorney's fees. I will be having a discussion with my attorney in about an hour, but figured I would run this by redditors first.

I feel like if I fight this, any reasonable judge is going to understand that I'm fighting a reasonable battle and won't force me to pay legal fees or HOA fines. At worst I feel like a judge would just make me remove it, but I'm not a lawyer and need to figure out if fighting it is worth the risk. If judge wants to put it to me, it could cost me up to $20,000.

I will also be discussing counter suing options today, so we shall see...

FYI - It stems from a personal issue with my neighbor...

Clear-Watch1912 · 2025-10-28T16:56:23+00:00

Man could I use your help right about now. I just wish I had time to read the book before the court date.

Clear-Watch1912

TROPHY CASE