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HOA Statute of Limitations, in ground pool

Posted on : 31-10-2012 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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We live in an HOA that, for the most part, is and has been defunct for many years. I recently was told to be in compliance with a restriction stating that “no fence shall be placed forward of the front of any residence except that a chain link fence enclosing the entire tract shall be permitted.” this is because I have a wood fence on the side of my home to go around our inground pool. Approximately 95% of the homes have a version of fence that is NOT chain link. I had our fence installed more than two years ago. Can the HOA make me take down my fence….two + years after it was installed which will expose our swimming pool ? what are the limitations to these demands as per Texas Law? as well as my interpretation of the phrase “Forward of the front of any residence” …the fence is not in front of my home it is on the side of my home…what is your opinion about that?

Permanent enclosure for boat

Posted on : 23-02-2011 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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I have lived in my home for over 25 years and have owned a boat most of this time. About 6 years ago the HOA require us to place the boat on a pad next to the house, which I did. Prior to that the only requirement was it needed to be parked next to the house. This last fall they changed the requirement to have the boat parked behind a permanent structure which they say is a privacy fence. My question is what is the statute of limitations for them to be able to enforce this section of the covenants? My understanding is 5 years.

Following is the actual section of the covenant:
Section 10. No camper, self-propelled mobile home, trailer, boat, any vehicle that has commercial signs, advertising, or commercial equipment visible, or any vehicle which is used or intended for use primarily to haul or carry material and/or equipment shall be stored or parked on any residential lot or portion thereof unless the same is enclosed in a permanent structure or a special permit has been issued to the owner by the Architectural Control Committee. Nor shall any such camper, self-propelled mobile home, trailer, boat, any vehicle that has commercial signs, advertising, or commercial equipment visible, or any vehicle which is used or intended for use primarily to haul or carry material and/or equipment be parked on any public streets or on open space within the property subject to this Declaration
or any Supplemental Declarations, known as XXXXXXXXXXX.

statue of limitation on trying to collect HOA dues and fees

Posted on : 28-12-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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Is there a statue of limitation on trying to collect or file a law suit on HOA dues and any late fees or interest associated with such fees? I live in the state of Texas. The fees are for the years 2004-2010 plus late fees, legal fees for every year.

HOA statute of limitations

Posted on : 23-12-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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I received HOA permission to move my fence 5′ out from my house in 1993.
Now that I am building a pool in my back yard, they say I have to put the fence back to it’s original location.
Can they do that? It has been 17 years that the fence has been in its current site, with their permission.

Status of Limitations (HOA)

Posted on : 30-10-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law

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Hello, wanted to know the Statute Limitations of a builder being president of the HOA. In the HOA handbook it says the builder will be the president until 75% of the homes are sold. He hasn’t completed the other phases due to the bad housing market. The homes completed are all sold except for his. We pay dues each month with no HOA meetings and don’t know where the money is going. Thank you