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I asked the POA for a change in covenants on my set - ...


Sent to Legal Experts October 15, 2007 3:37 p.m.
I asked the POA for a change in covenants on my set - back footage and got 3 affirmative signatures . A week later I got a refusal from the POA with 3 signature . 1 signature is on both documents . Is there some way around this problem ? It is a small rural area not in any city limits . Thank you

Already Tried:
Went door to door to get signatures also held a come one come all meeting on the property to explain how our house would look
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
October 15, 2007 5:48 p.m. (2 hours and 11 minutes later) 		ACCEPTED Check Mark
The problem is that you accepted the setback when you purchased the property. If the POA allows you to change the amount of the setback theyare likely to have to do so for the next person who wants to change a setback. The setbacks are one way that the associaiton of property owners attempts to assure itself, and the members, that property values will not be lowered by non-uniform lot sizes, building setbacks and buildings. If the POA does not enforce the rules agreed to by all they could face suit by another property owner for that failure.

Ultimately, you are in the position where you accepted the line when you purchased. If you want to change that sort of line you are going to need some pretty compelling reason to show a need for it. A need tied to health or safety would probably do it, but desire to change it to accommodate your building or expansion plans will probably not do it.

The best way is to ask the governing board if there is anything that you might do to get them to reconsider the denial.

If a court became involved in this the judge would look at the fact that you agreed to the covenants running with the land when you purchased. At that point you are pretty much out of luck unless you can show clear and compelling reasons for a change in your case.

John Buffington

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Edited by John Buffington on October 15 2007 at 5:50pm
John Buffington  -- retired judge-mediator -- 100% Positive Feedback on 32 Legal Accepts
Superior Court Judge in California for 21.5 years; 8 years as attorney before judgeship

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