[Patty55]

Originally Posted by shcisamax

Wow. This really is the gift that keeps on giving. I thought we were going to let sleeping dogs lie. At least as long as they are on their property and not barking.

Or POOPING

[Patty55]

Originally Posted by Bogie Shooter

What does this mean??

"He's fortunate that he's not my neighbor, I would have handled it differently with formal legal notice and other equitable legal means."

IMO, this loosely translates to... I'm not a lawyer, but I once saw Judge Judy on the street.


(Standard PattyLand Disclaimer)
FWIW, all posts reflect nothing more than my personal opinion, based on nothing factual, subject to change and God knows, I could be wrong.

[Barefoot]

Originally Posted by Barefoot

In this case, the neighbour may have thought he was being considerate by shielding his neighbours from the view of his dogs.

Originally Posted by jimbo2012

What!!! how did U come to that conclusion, based on Happi's description (granted one sided) doesn't sound like that word is in his vocabulary or state of mind. As long as he files for a permit and it's approved he's good to go. He's fortunate that he's not my neighbor, I would have handled it differently with formal legal notice and other equitable legal means.

It wasn't a conclusion, it was a speculation. If the neighbour is adhering to existing restrictions and has an approved permit, what formal legal notice would you be filing?

[skyc6]

Originally Posted by jimbo2012

What!!! how did U come to that conclusion, based on Happi's description (granted one sided) doesn't sound like that word is in his vocabulary or state of mind.

As long as he files for a permit and it's approved he's good to go.

He's fortunate that he's not my neighbor, I would have handled it differently with formal legal notice and other equitable legal means.

Well, Jimbo...there are three certainities in life.
1. death
2. taxes
3. being duped by a lawyer.

[jimbo2012]

Originally Posted by Patty55

IMO, this loosely translates to... I'm not a lawyer,

Correct I'm not, but putting one of my sons through law school helps

I asked him about this subject when the thread was started, he researched it a bit as a hypothetical, and there are legal remedies and ways to notice the correct parties and agencies in the hope of avoiding a bigger mess.

The goal was to have the neighbor comply with the ARC restrictions and be certain they enforce same.

Having proper notice beforehand should prompt them to do so.

Now if a barrier planted fence was still installed, the person in the black robe can fault the proper party accordingly, especially with evidence of written notice.



.

[jane032657]

So many thoughts, opinions and attitudes. I still think everything boils down to communication and respect, not just rights and ownership, it is a package deal. No one "has" to tell their neighbors anythng that they are doing within restrictions and covenants on their own property, but sometimes it is good to share before things are done to help people overcome fear, speculation, wonderment, or to hear any specific concerns that can ruin relationships for decades to come. Does not mean you cannot, should not do what is within your rights on your own land, just means you build trust and friendship and neighborhood goodwill. While not there yet but on our way soon to our new home, we still have our old home. Today I am having a party for all my staff at my home with 60 plus people coming over at 3 pm, a BBQ catering truck coming and setting up a smoker, a handicapped porta potti delivered on the property as one of my staff uses an electric wheelchair for her CP. Rather than upset everyone, even though it is not their business, I sent an email to all my neighbors letting them know the score so they were prepared and understood what was going on. I have a half acre, no one can see anything, but people do see anyway, if you know what I mean. On August 25, we are having an evening party with a live band and about 60-70 people (our last bash but no one knows the real reason why the party is happening including the attendees as we have not announced our move yet!). Aside from inviting some neighbors, everyone in the neighborhood will get an email with details so they again know what is going on and be assured the music will be quiter at the 10 pm town curfew for noise. They will be aware of why the cars are out on our lane, and why they may here music and a crowd. I do not have to tell them, I am within all guidelines. But it brings peace and harmony and people feel respected. When our neighbors built a fence between us after the tall hedge died, we fully consulted on how to remedy the situation and also gave them money to help out. We are all adults. We can do what we want but we live in community. It is not about who can do what, but about how we live in harmony together, reach out to one another in times or distress or emergency, have one another over for visits, care for pets or yard or homes or elderly or whatever when someone is away, and mostly have long term relationships that are at minimum respectful and pleasant for all of our happiness. If we cannot have peace together in our little villages, what does that mean for the world? Well, I guess we see that on the news everyday.

[gerryann]

Jane, I am truly looking forward to being one of your neighbors.

[Bogie Shooter]

Originally Posted by gerryann

Jane, I am truly looking forward to being one of your neighbors.

There may be others that will want a vote.

[jane032657]

Originally Posted by Bogie Shooter

There may be others that will want a vote.

HAHA, funny guy you are. OK, point taken, I have an open attutude, I can take critique! Well when we had our swim spa delivered to our new place in TV, with a HUGE, and I mean HUGE crane, and huge flat deck truck with the 20 foot swimspa on it, and had it lifted up and over our villa, dangling in the air for everyone on 466 and Morse Blvd to see, and placed in the birdcage, the neighbors were notified and everyone had a great time watching. They were prepared, came out with beers in hand, and took part in what was a major neighborhood event. I met everyone around me, it was fun. No one complained and all were in awe watching. I think I am voted in, to date. There could be a recall notice, but heck, our bond is paid and we are there for life... love us or leave us! But know we are there for you if you need us and we hope you have fun at our parties!

[Barefoot]

Originally Posted by jimbo2012

As long as he files for a permit and it's approved he's good to go. He's fortunate that he's not my neighbor, I would have handled it differently with formal legal notice and other equitable legal means.

Originally Posted by Barefoot

If the neighbour is adhering to existing restrictions and has an approved permit, what formal legal notice would you be filing?

Originally Posted by jimbo2012

The goal was to have the neighbor comply with the ARC restrictions and be certain they enforce same. Having proper notice beforehand should prompt them to do so.

I'm missing something here. Assuming the neighbour has an approval permit from the ARC and is adhering to existing restrictions, you're going to threaten the neighbour and the ARC beforehand, by serving them with "legal proper notice", to ensure compliance?

Boy Howdy.

[jimbo2012]

Originally Posted by Barefoot

I'm missing something here. Assuming the neighbour has an approval permit from the ARC and is adhering to existing restrictions, you're going to threaten the neighbour and the ARC beforehand, by serving them with "legal proper notice", to ensure compliance?

Boy Howdy.

Girl Howdy, yes you're missing my point, this would not be an approach after compliance.

here is was stated

Originally Posted by Happinow

Our new neighbors, as we speak, have landscapers on their property, plotting out their landscaping. They have been talking to the landscapers about putting in bushes/hedges all around their property to make sure the dogs stay on their property. They have mapped it out with the paint...
suggest talking to them.....we already did but they are in the mindset that the rules don't apply to them.

The fact is the day it was recognized with a landscaper and paint lines then thereafter a talk resulting saying the rules don't apply.

That's when the notices go out, U don't need a lawyer to send letters, just write out the facts and your understanding of the code to the neighbor, ARC and the developer perhaps.

If you don't complain it appears that u have no objection or acquiesce to the project. Hard to argue your position after the fact.

No matter how arrogant he may have appeared at the time he was asked he knows you're not going to let him violate the code and your rights as a secondary beneficiary of those codes.

Yes he can anything on his property within the code, but can't violate that code.

We drank the kool aid thinking that there were rules, codes and guidelines in place to insure quit enjoyment.

That make sense?


.

[skyc6]

If he is within the deeds restrictions requirements, you have no position.
What Happi said was she found out he was in compliance, after eliminating 10-15 feet of shrubs. Done deal. Matter closed.

[Bogie Shooter]

Originally Posted by skyc6

If he is within the deeds restrictions requirements, you have no position.
What Happi said was she found out he was in compliance, after eliminating 10-15 feet of shrubs. Done deal. Matter closed.

somebody else said "closed" 50 posts ago.

[shcisamax]

So is it done???????????? Please tell me it is so. I am beginning to have nightmares about landscaping, views, dogs and now lawyers.

[JohnN]

sorry to hear it. check to see if their landscape plan was approved.
you can also complain about the dog barking.

however, it sounds pretty bad.