Developers sued by local HOA for ignoring rules that houses must be 20 feet apart: 'Normally I am against HOAs, but I dislike rich, arrogant developers more'

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  • "Condo developer ignored HOA rules, judge orders demolition of $2.2 million duplex. Developer will likely have to relocate the buyers he sold to."

    Fischers, Indiana. In 2021 the W HOA established a rule saying houses had to be 20 feet apart.
  • In 2023 Investment Group decided to build a duplex on a lot they owned, but wanted it bigger than allowed so they just built a duplex and sold both units.
  • The HOA noticed and a court battle ensued. The developer argued that HOA rules didn't apply because they were entitled to build the largest building the city was OK with.
  • They knew the HOA rules and agreed to them when buying the property, but shrinking the two units by 300 sq ft each would generate a lower sales price so they tried the hope-nobody- notices and ask forgiveness if caught routes.
  • The developer was caught as soon as the foundation was poured in 2023. The HOA told him to stop, the developer filed a lawsuit and continued building.
  • On Nov 24 the judge ordered the builder to pay around $75,000 in fees and demolish the $2.2 million dollar waterfront property.
  • His strategy of ignoring the HOA and suing them to get his way got him a masters degree in FOlogy.
  • Normally I am against HOAs, but I dislike rich, arrogant developers more. He knew the rules, but he felt entitled to bigger profits so ignored them.
  • A construction worker building a house at a worksite.
  • OP TheQuarantinian I had to buy only $500 door knobs from one soecific hardware store, one specific window from one specific company, and tear out a very expensive deck and pool that they approved for a friend. Charging $50-$250 for a pdf was another common game. And many other stories. Abuse is the norm.
  • dart22 Honestly most HOAs keep people's lawns from getting too tall and plant flowers at the entrance, i.e. actually doing stuff to improve way of life. It's the small few who dictate curtain color and how old your car can be that gives the rest of them a bad name. The problem is, of course, just like a government, an HOA can go from good to bad really quickly with poor leadership and an apathetic electorate.
  • OP TheQuarantinian A popular "fact" but not particularly accurate. The FIRST HOAs were for property preservation (fascinating character involved there, he deserves his own thread.) The first racially restrictive rules weren't part of any HOA, but were actual deed restrictions written either by original developers or added by existing residents. And these were banned by the Supreme Court in 1948. Post WWII is when developments on neighborhood scales exploded, but the modern HOAs weren't present.
  • fresh-dork the original ones were worse - mostly they were about keeping neighborhood white
  • OP TheQuarantinian HOAs are part of contract law. You agree to stupid terms when you buy, so if you don't agree don't buy. The original ones weren't so micromanagy, that just kind of grew. If you have shared assets like pools, clubhouse, parks, common walls/roofs and the like they are required. But HOAs are out of control, and at least Florida is threatening to push back.
  • littlebabyskee I still don't understand HOA's. States provide citizens property rights - the whole "my home is my castle and if you trespass I can shoot you" I totally get development rules and bylaws etc. So in this case | understand. He build to close to lot lines KNOWING it was wrong. So tough turds to him. As to what HOA's do. You can't paint your garage door canary yellow, or your front neon green, or plaid pattern (search Tom. Green Ottawa family home). No place I have lived in Canada (3 d
  • OP TheQuarantinian You mean well but your racist, intentional misrepresentation pisses me off. You get one chance to admit your error here. If you want to continue with your revisionist history then say the word, I'll block you and forget you exist. Address what I wrote. Explicitly. Since you have trouble reading I will make this crystal clear for you. 1. What was the first HOA, who founded it and why? 2. What is the difference between deed restrictions and HOA bylaws? 3. Your NPR story referenc
  • More-Conversation931 Sure you can. Apparently the developers signed and agreed to HOA rules at land purchase. They can't even really claim that they didn't know because they invested of the construction after the rule breaking was pointed out. Even if they wanted to see if those rules weren't enforceable they could have paused construction until the court case was completed. The fact that this cost them more than they could have made if they sold after winning is a good thing. The tendency for b
  • OP TheQuarantinian They already sold the units. They're probably going to have to pay out to the buyers, no way an insurance policy covers this.
  • OP TheQuarantinian Aaand with your first line you come out swinging. Not a flicker of acknowledgment that you might not know everything, just spoiling for a fight. You don't have your facts straight, probably didn't do an ounce of verification (Dr Feynman would not be impressed), and just want to be caustic. Goodbye, whoever you are. Your lack of intelligent thought will not be missed.
  • iLoveFeynman >Your NPR story references the "Prairie Village Homeowners Association," but I can't find any JOA with that exact name. Can you? It's already hilarious to cast aspersions at NPR and a named, pictured city council member, written by award-winning journalists, in this manner, but it just so happens that the very first Google search result for that name is about the association covered in the story: https://www.pvkshoa.org/about >Remember: your assertion is that the PRIMARY reason thes
  • OkeyDokey654 Seems like he'd only have to tear down one of them, though, and then the other wouldn't be too close to anything.
  • OP TheQuarantinian Depends entirely how the foundation is. Plus, the court order might be specifically trying to teach him a lesson.
  • Shes_Crafty_4301 We live in a low-key HOA. A homeowner did an almost gut remodel and added a second story. HOA rules set a maximum height; the city's code allowed for a taller build. The homeowner built the taller home, the HOA sued, and lost. The house stayed, and we got an assessment for legal fees. →
  • OP TheQuarantinian Sometimes the bad guys win.

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