[jimbo2012]

Originally Posted by 784caroline

Jimbo2012
Yes a homeowner has the right to sue, but as you told me earlier, please read the entire provision. The developer also has the right but not the duty to enforce code violations. As I mentioned before if you dont have the backing of the ARC, your chances of succes are greatly dimisished. If (alleged) covenant violations are brought to their attention of teh ARC and they fail to take action, that does not set a very good legal precedent...or else there is a reason why.

In addition you are talking about a fair amount of money to hire lawyers and especialy if you go to court... you have to ask are you 100% certain of the outcome? You cant sue on emotions....

I'm sure you can ask the ARC for a determination in writing as to violations.
If they didn't agree, you would lose more than likely.

But they just are not required to enforce, but they may (especially with several neighbors on board and the effect of the golf course).

You can also add the ARC to the suit for failure to follow it's own guide lines.

100% certain of the outcome, never. Just reasonably sure.

The first thing a good lawyer would do is look up case law on the subject.

As to cost my guess is $750-$1,000, it's only a motion & reply, then maybe a hearing or determination by submission.

A home on a golf view is likely over a $500K investment, what's the cost a small a small lawsuit be comparison.

"covenant violations are brought to their attention of teh ARC and they fail to take action, that does not set a very good legal precedent"

That would NOT be a legal precedent.

.

[moongirl]

We had a similar situation at our first home in TV (except no dog). We had a "golf course view" until our neighbor planted a number of fruit trees right on the property line between our houses (not on the easement). He also planted a row of bottlebrush along his back property line. Blocked the golf course view for the whole street. He did not go to district/ARC folks for a permit; just planted them. Felt like we were living in a forest. When we complained/reported to the powers that be, they came out, looked, and said since he had already planted they would not make him remove them, but when the trees/bushes died, he would not be allowed to replant. I said, "So if we break the rules first before you find out, you won't hold us to them!" Of course the inspector denied that was what he was saying. Needless to say, we sold that house and moved to one right on the golf course with no one behind us. Also, great neighbors now. Much happier here.

[graciegirl]

I think what can be learned from this is to look carefully at the lots around your potential home and think how other homes will be positioned and how these future neighbors might be planting trees and bushes or even erecting a pillared pool enclosure. The things that homeowners can do that are within their rights to do can obstruct your view of something you had counted on.

It is important that everyone needs to do their due diligence on researching what will happen on the lots around them so they won't be disappointed with an obstructed view that was bound to happen.

[Happinow]

Originally Posted by jimbo2012

You win having any planting installed to code.

You win you right to quite enjoyment.

You lose any hope of having a good neighbor, but that sounds like it is lost anyway, in fact it was mentioned that other neighbors aren't too happy with this either.

But in the end the lawyer really wins.

Let's hope they apply and are explained what they can and can't do.

But if they don't apply for approval then what, let them do as they please?

We have no intensions to sue. Not a battle we want to engage in. As some of you have surmised, this "neighbor" had no intension of being a good neighbor from the start. When his house was being built, he pulled up in his new red vet, and spit on the ground. Then, when my husband went over to talk to him about not blocking our view, all he could say was that he paid cash for his place and wanted everything perfect with the house. He assured us he wouldnt block our view. In a future visit, he brought his dogs over and let them run loose on the property, he then had cleaning people in the house just prior to closing and he told the cleaning gal that "servants do not wear shoes in his home". Our other neighbor heard this with his own ears. Doesn't sound too friendly to me, so we knew he wasn't going to be a good neighbor. We will do our best not to get into any confrontation with him because that is not our style. We will let the right people handle it and will have to live with the outcome. If you could see the paint layout on his lawn, you too would see that it is not anything the villages would approve. Let's hope they do their job on this one.

[ncr2482]

[quote=cappyjon431;521023]

Originally Posted by Happinow

Thank you for taking the dogs out of the equation. The bottom line is that you would be upset if the neighbors were doing this landscaping regardless of whether or not they had dogs. I think this thread has gotten somewhat sidetracked with all of the dog discussions when the truth is that the situation can be boiled down very simply--they are putting up landscaping that interferes with a view that you paid for an you feel you are entitled to. The real question is whether or not your neighbors are within their rights to put up this landscaping. If they are within their rights, there doesn't seem to be anything you can do about it. If they are violationg some code/covenant then it seems you have taken the appropriate initial steps to prevent the landscaping from being installed.

[KEVIN & JOSIE]

[quote=flipflopz;520787]

Originally Posted by graciegirl

"...They will continue to be your neighbors and living comfortably in a neighborhood is really important in the long run..."/QUOTE]

Choose your battles wisely and with your future in mind.

I always think about some good advice given to me years and years ago. That advice was...if you consider this one of the worst things that can happen in your life then run with it. If it isn't one of the worst things that can happen in your life, then let it go. Best advice I've ever been given.

TOTALLY!

[tommy steam]

Originally Posted by jimbo2012

I think you need to not only be happynow but happy later.

Remember anything that's planted now will grow UP and get fuller, do you think they will keep those hedges at 4' in the future.

You really need to stop it before it begins the work, it sounds like your neighbors are a bit of a jerk not to talk it out with U, fine that's there prerogative.

It's your prerogative to file an inquiry into the review folks or whom ever to tell them what's going on. Ask them what the limitations are and get a clear understanding about getting this work must require an approval.

I see you posted at the same time, good you are on the right track.



I don't like the word "suggested" that can't be enforced?


.

More than a bit.

[tommy steam]

Originally Posted by Warren Kiefer

Someone mentioned that you being on a golf course the Arch Review Board would have to approve the project. This is only partly true, the ARC must approve nearly every new or additional project whether it be on a golf course or not. We just went thru a problem with the home modification by a neighbor. Sadly, the ARC has very little authority to enforce anything unless it is specifically spelled out in the deed restrictions.There is a strict rule about animals being on leashes anytime outside the home, also there are rules that limit households to only one dog and the size of that dog. I suggest you go to the Villages Governmental Offices at Laurel Manor asap.

Only one dog?

[tommy steam]

Originally Posted by Villageshooter

the dog problem is VERY easy to solve,,, Back homeI had a neighbor whose dog did his "bussiness" near my side of the yard.. near where we used to set when we were at the pool,, needless to say the odor got a bit much,,, guy was a real jerk,,, chatting one day with the meter reader he showed me a small unit that they used rather than spray to keep the dogs away... It emitted a harsh tone only the dog could hear,, I ordered one online,,, hooked it up near my pool house,, the tone didnt bother anyone but the dog,, and let me tell you this,, When he came out of the house,, he had a change of heart on where to dump a load for the day... he seemed to not be in the yard much with this tone coming from my yard... was interesting in the winter in snow when you see tracks in snow,, my side of the yard never had tracks in it,, much less anything else!,,,as far as the bushes,,, let him get them all put in,,, then take him to task!! you have tried to be a nice guy,, and work with him,, now be a grizzly bear,, not just a cub!

may I ask what was the name of the unit and where did you buy it? thanks

[tommy steam]

Originally Posted by Happinow

We have no intensions to sue. Not a battle we want to engage in. As some of you have surmised, this "neighbor" had no intension of being a good neighbor from the start. When his house was being built, he pulled up in his new red vet, and spit on the ground. Then, when my husband went over to talk to him about not blocking our view, all he could say was that he paid cash for his place and wanted everything perfect with the house. He assured us he wouldnt block our view. In a future visit, he brought his dogs over and let them run loose on the property, he then had cleaning people in the house just prior to closing and he told the cleaning gal that "servants do not wear shoes in his home". Our other neighbor heard this with his own ears. Doesn't sound too friendly to me, so we knew he wasn't going to be a good neighbor. We will do our best not to get into any confrontation with him because that is not our style. We will let the right people handle it and will have to live with the outcome. If you could see the paint layout on his lawn, you too would see that it is not anything the villages would approve. Let's hope they do their job on this one.

This guy sounds like a classic bullie to me. I think you have to do what you think is best for you. We have had people like that in our neighborhood up north. They had to be taken down a peg or two.

[lightworker888]

I don't know what unit the other poster used, but you can get a Pet Zoom at Walgreen in their "as seen on TV" display for $10. It is the best investment I ever made. Our dog will stop doing whatever we don't want her to do as soon as she hears the sound. We can't hear it as it is a very high pitch sound, but dogs can hear it and it is very irritating to them. It is a rectangular blue box and we have had it for over 2 years and the battery still is working. There may be other similar items out there but this was the most economical and easy to get.

LW888

[goodgrief]

Originally Posted by tommy steam

may I ask what was the name of the unit and where did you buy it? thanks

Ditto. Would like to know as well. We had one at our old place that deterred the barking. But would love to know about this one if ever the need arises again.

[renrod]

Originally Posted by goodgrief

Ditto. Would like to know as well. We had one at our old place that deterred the barking. But would love to know about this one if ever the need arises again.

Like this
dog dazer | eBay

We live in a neighborhood with more dogs than you would believe. Bought one of these and it worked on some of the dogs but the little white yappers, it just gets them going more. Boxer next door did not like it and would go inside when I used it, I almost felt sorry for him, while the others just keep going.

[jrandall]

Oh no that sounds awful. Which Village are you in?

[PennBF]

I would recommend you call Village Customer Service 753-4508 and they
are excellent in looking into problems and helping.