[paulandjean]

Good neighbors realtions are important,however,thats if they go both ways.You cannot be just one-sided. Trust me their are lots of people here who would just let them be bullied. Always stand up for yourself.Do not chalk this one up to experience.If they will not change, then "The Gloves Come OFF."

[SoccerCoach]

Sorry EnglishIvy about "District" ref. Whoever dispatched the person to indetify the location of utility lines followed protocol. Our landscaper would not begin until the locations were marked. He also complied with all setback rules, as well as educating us to the height limitations for plantings.

[philnpat]

I would think the more that's written here on TOTV the more the offending neighbor will have in his arsenal if he gets wind of the postings on TOTV. If I had this problem, I think I'd work with Deed Compliance rather than broadcast it for all to see.

[SoccerCoach]

Good Point!!

[goodgrief]

Originally Posted by skip0358

Also don't assume the company doing the job got the approval either because many don't. And even if theyget approval we know of a job that was approved, after approval the owner changed the plans because he knew nobody comes out after to see if the job was done by the plans. Godd neighbor relations are important but so are your rights.

Oh yeah this is SOOOOO true. You get them coming around here all the time just trying to sell landscaping off there trucks and woosh the stuff is being planted. I guarantee the nice unobtrusive landscaping done by our neighbors were not "approved". Couldn't be with as fast as it went it.

So you might do that permit check when its start. You can be a total but and record the whole process, make an official complaint and if they end up having to rip a bunch of it out and loose money for their troubles guess thats lesson learned.

I am with you Happinow...I would be beyond upset over this. I do hope you prevail.

[birdawg]

Originally Posted by philnpat

I would think the more that's written here on TOTV the more the offending neighbor will have in his arsenal if he gets wind of the postings on TOTV. If I had this problem, I think I'd work with Deed Compliance rather than broadcast it for all to see.

Well said, Again they may be within their rights

[Happinow]

Originally Posted by philnpat

I would think the more that's written here on TOTV the more the offending neighbor will have in his arsenal if he gets wind of the postings on TOTV. If I had this problem, I think I'd work with Deed Compliance rather than broadcast it for all to see.

We have taken all of necessary routes, talking to the professionals about our situation. I feel, that if anything, this post gives a heads up to others who are building or buying an already built home. You never know who your neighbors are going to be and not everyone wants to live in harmony. I am posting because folks on here often have great advice and it very frustrating knowing that one person can ruin it for many people. My golf view is just as important as any other persons view. We came here to live our dream, like many others. We will get this resolved and I expect the proper people will step in and make it right. I am not using this site as ammunition, nor do I expect my neighbor even knows about this site. And so if he does? The facts are the facts. This situation is kinda like the situation Penguin had when he first moved in with the green boxes. Everyone gave him advice and in the end it was resolved. But, he was frustrated and rightfully so. I have appreciate everyone's advice and tips. Thanks as always.

[784caroline]

Wow..with some comments posted on this board, you may want to consider selling the lot before you start building. Do you really want to get into a situation "where the gloves come off" or you are going to be in an environment where you are uncomfortable talking to your next door neighbor....what a mess to look forward to. I would definitely continue to work with the ARC....but if there is a problem, it may not be resolved over night. The talk about a lawsuit is nuts unless you have the backing of ARC, and even then if the ARC cannot resolve it, a judge would most likely throw it back to them and then you are in limbo. Yes a view is something and you paid for it..but good neighbors are invaluable...and it sounds like even if you did not have this landscaping problem.....other issues most likely loom ahead.

As they always say you can pick your lot, pick your house, but you cant pick your neighbors. WE know a number of people that have moved from one village location to get a bigger home or better lot view only to be displeased with the neighbors.....not a landscaping problem or anything like that just the new neighborhood was not like "we had before".

[jimbo2012]

Originally Posted by 784caroline

The talk about a lawsuit is nuts unless you have the backing of ARC, and even then if the ARC cannot resolve it, a judge would most likely throw it back to them and then you are in limbo. .

That's not the way it works at all, if the ARC guidelines or restrictions are not met, in your deed it clearly states that the developer gives you the right to have them enforced in a Court before or after the work is done.

Moreover, the loser pays all your legal costs by way of the deed restrictions.

I'm reading mine in #215,
5 Enforcement

Spells it out in very simple terms.

If I paid the premium to have a golf view I would exercise my rights to the fullest extent of the law.

Not only is this owner affecting Happynow but also the users of the golf course, which is also spelled out. section 2.7

I'm sure other sections at TV have the same or similar language.

[graciegirl]

Originally Posted by jimbo2012

That's not the way it works at all, if the ARC guidelines or restrictions are not met, in your deed it clearly states that the developer gives you the right to have them enforced in a Court before or after the work is done.

Moreover, the loser pays all your legal costs by way of the deed restrictions.

I'm reading mine in #215,
5 Enforcement

Spells it out in very simple terms.

If I paid the premium to have a golf view I would exercise my rights to the fullest extent of the law.

Not only is this owner affecting Happynow but also the users of the golf course, which is also spelled out. section 2.7

I'm sure other sections at TV have the same or similar language.

And if you sue and you win? What do you win? And what do you lose?

Just sayin'.

[senior citizen]

...

[jimbo2012]

Originally Posted by graciegirl

And if you sue and you win? What do you win? And what do you lose?

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?

[784caroline]

Originally Posted by jimbo2012

That's not the way it works at all, if the ARC guidelines or restrictions are not met, in your deed it clearly states that the developer gives you the right to have them enforced in a Court before or after the work is done.

Moreover, the loser pays all your legal costs by way of the deed restrictions.

I'm reading mine in #215,
5 Enforcement

Spells it out in very simple terms.

I'm sure other sections at TV have the same or similar language.

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....

[cappyjon431]

[quote=Happinow;520829]

Originally Posted by jane032657

Well said. We are only asking that we all work together to preserve everyone's investment. This guy wants nothing to do with anyone and is clearly on a mission. Honestly it's not the dogs we are concerned with at this point, it's the fact that he is recklessly putting up landscaping without any concern for his neighbors view. We all want to get along but he clearly doesn't want to work with anyone. We aren't the only ones who are not happy with his plan. The other neighbors that it affects are very upset as well. I believe this will all get resolved as with a plan like his it is doubtful that it will get approved because he is breaking the rules.

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.

[jane032657]

Originally Posted by senior citizen

I hate to tell you, but some dogs are brazen enough to push through an invisible fence........our neighbor, who are dear friends, is blind to the fact that her aging pooch likes to growl and knock over and bite folks.

"It" ran through the invisible fence on its own property, ran across our very very expansive front lawn and bit my husband's backside, through his pants, when he was getting our mail at the roadside mailbox.

When told, she said, "Oh?"

When they had three black dobermans (this one is a mutt), they would "unite" and growl , baring their teeth, at anyone who approached the home.

We have relatives also, whose dogs knock over people, elderly people, and couldn't care less. They also aren't afraid of the invisible fence.

Go figure. Stay safe. Don't make the dogs your enemies. We were walking up in our foothills once and a nice lady with her very nice teenaged daughter approached with their big black german shepherd pooch who took a dislike to my husband and again, bared his teeth and growled........it was scary, to say the least..........the women just said, "Oh he never does that"...........the dog appeared vicious.

We've had our share of dogs and cats while raising our kids, but tried to take the dogs to "class".......not too easy to train Irish Setters........
but some of our own family treat the pooches more like innocent children who don't need any boundaries........sad to say. GOOD LUCK.

I have Setters too! An Irish and an English. Again, we chose to not buy a designer or premier home because we believed our dogs would not be swayed by an invisible fence and did not want our neighbors or ourselves to be miserable. If you have dogs you have to know their personalities and behaviors, and while ours are as gentle as Setters should be, they are also brazen and spunky and would have been doing meet and greets all over the neighborhood with invisible fencing. Setters are a challenge to train though I know others do it. The real challenge is in training the owners. So we have our villa with the fenced yard. Everyone will be happy! It is sad when people have no regard for their neighbors. I thnk the comments in this thread about keeping peace with neighbors falls more to the neighbor who is disrupting his other neighbors, not the other way around, though I am always for keeping peace. But when you have made such an investment in your property and home with the understanding their are restrictions on yourself and others, I think Happinow has good reason to be upset when there is blatant disregard for the neighbors who are conforming to the rules.