There might be some lawyers here that know some HOA law. Would you have any grounds to legally challenge the authority of an HOA to restrict or disallow the installation of an irrigation well on your property, when that well is hidden from view and doesnt detract from the neighborhood?

9/27/2010 4:46:55 PM

it depends on the HOA covenants, conditions, and restrictions on your deed

9/27/2010 5:07:51 PM

^

This is what my GF does for a living. She is a property manager for a company that manages HOAs. She does all the budgets, gets the contracts with the landscapers, etc etc. But she is also privy to the covenants, and they always involve a lawyer when written. That being said, they are typically pretty iron clad. If it says in the covenant that you can't, then you can't. Of course, you always have the right to appeal to your board. So I guess it all comes down to your relationship with the board.

9/27/2010 6:26:59 PM

or he could write a letter to his congressman

9/27/2010 6:36:11 PM

Quote :

"hen that well is hidden from view and doesnt detract from the neighborhood?"

Don't Ask Don't Tell

9/27/2010 6:46:53 PM

Restrictive covenants are generally found to be valid in NC. If the structure you want to build is explicitly forbidden, then it's open and shut on that issue. Where you may have wiggle room is if they don't talk about your classification of structure, or if there is a way that what you are trying to build can be interpreted as not violating the covenant.

It's all about the particular language, and without a real property attorney or someone similar looking at it, you can't get a definitive answer.

You can challenge what is ambiguous, but you can't challenge what is explicit, if that helps you.

DISCLAIMER: THIS IS NOT LEGAL ADVICE TO BE RELIED UPON IN A COURT OF LAW.

9/27/2010 8:24:30 PM

Well, I know there have been a lot of challenges to HOA covenants that have been overturned in the courts. I know, for example, that even though its in most HOA covenants, that cant forbid antenna installs as those covenants are attempting to override FCC regulations.

The reason I ask is that I'm debating moving into an area that forbids wells, but is on private water and sewer that charges $10.25 per 1000 gallons (4x more expensive than Raleigh for comparison). I would want an irrigation well. Obviously, going into this, I knowits likely it wouldnt happen, but I still wonder if it could be challenged legally. Obviously my first task would be to attend a board meeting and find out the reasons for the restriction, and see if they would be agreeable to allow it on a case by case situation.

I could ask my mother-in-law lawyer who has her own firm, but she is already dealing with enough shit, so figure I would ask here

[Edited on September 28, 2010 at 11:51 AM. Reason : .]

9/28/2010 11:37:27 AM

How is the Z4

9/28/2010 12:26:30 PM

z4? You mean z3?

9/28/2010 12:42:05 PM

if you want any real advice you'll have to post the covenants

9/28/2010 2:24:19 PM

I hate HOAs. I'll be damned if I ever join one.

10/1/2010 11:39:37 AM

HOAs are only as bad as the people who run them.

10/1/2010 2:14:32 PM