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[phoenixbrd]

We will never purchase a house with a Home Owner's Association again.  Before you start up the walkway to our house, we have a wrought iron arched structure that you walk underneath.  For 20 years we have lovingly tended and appreciated the miniature rose bushes on either side that have grown up and over the archway.  We received a letter to remove the structure and the plants so the fence along the walkway fence could be painted.  My husband painted the fence a few months ago when he painted the fence in our back yard!  The archway was not a problem.  We just received another letter saying we had 15 days to remove the structure that has been in place for 20 years.  

This procedure to cut down living rose bushes that have provided us with their beautiful scent and perfect little buds for so many years has us distraught.  After we complete our travel plans we are selling our home.  We are looking on Zillow at homes even though we know this is far in the future.  I like to find the lesson in every challenging situation and I can only think that we will have more room for guests and a larger garden and won't have to be suject to dictates regarding a home we have paid for. 

[on the bay]

I can definitely sympathize!

I would be so upset too.

I was wondering if you could ask them if you could paint it yourself, mentioning that you had in the past without removing rose bushes!

Oh and I think I might even mention that I would think they would be paying for the replanting etc, if they don't allow you to!

Also maybe if they allow you to paint it, since you already did a few months ago!, maybe just touch it up.

That is so ridiculous!!

I have to admire your sense of finding challenge out of difficult situations!That is the spirit of the phoenix! I think I would still be crying. 

[JeanLouiseFinch]

@phoenixbrd- wow, that's too bad.  By chance, have you recently had words with any of your neighbors, to the point where they wanted to retaliate by filing a complaint with the HOA about your wrought iron arch?  When my DH and I owned a condo with an HOA, we hated it, especially the special assessments that we had no control over.  We were so glad to get out of there and join the Never Again Club too.  

[dex]

How does the arch interfere with the fence painting?I don’t know how they can force removal of the structure that has been in place for so long.

[phoenixbrd]

@JeanLouiseFinch  Nor can we...the wrought iron arches are very close to the fence as are the vines of the rose bushes.  Who ever is painting the fence has requested the HOA to instruct us to remove them.  Someone is making money off of painting the fences and don't want any inconvenience.  We saw on our ARLO (my husband has  one of the cameras pointed at the walkway and recorded a man running a measuring meter down our walkway to the front door.  We didn't know why.  After we received the removal letter, we understood that he was the painter and didn't want the inconvenience of the structure/roses,)  My husband called HOA to discuss and they said they would be sending another letter.  The second letter said we had 15 days instead of 30 days to remove.  The HOA only does what is in their best monitary interest...so I'm sure there is more to the story.  I have never made this kind of a post.  We are working at acceptance...there is no arguing only fines if the dictate is not followed.  Time to move after 20 plus years.

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@dex wrote:

How does the arch interfere with the fence painting?I don’t know how they can force removal of the structure that has been in place for so long.

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[dex]

Well 5hen I agree with another poster who suggested you tell them that you will paint the part of the fence that their hired painter is concerned about.That way everyone could be happy.If they won’t allow that I would consult a lawyer if I felt that strongly.

[Mistic]

I am so sorry that this is happening to you!  As I said once before on here, one of my Sisters, and my Daughter live in HOA Hello.  It just blows my mind, some of the stuff they tell me.  Letters ~ You can't do this, you can't do that...  Putting in a request to plant something, etc...  My Daughter even got a letter that her trash bin was 2 feet farther up the end of the driveway than it was supposed to be!  REALLY?

Best of luck to you on Zillow.  I hope you can find a special spot where you will be content, and plant your beautiful Roses to your hearts content.  SO SORRY!  

[2blonde]

@phoenixbrd  I understand completely.  I've lived in the same condo since 1991.  Several years ago I received a letter about replacing my rear screen door.  Well, it just so happens that my condo has never had a rear screen door.  There wasn't one there when I moved in, and it's obvious by looking at the (original) doorway that one was never there (no evidence of screws or hinges).  I wrote them back with the above info, and that was the last I heard of it.

For the last year they've been trying to get me to let them into my condo to check my attic.  It seems that some condos have bathroom vents that only go into the attic, and not all the way up to the roof.  The last time I was up there (maybe 20 years ago) I saw that my vents were fine.  After that I had extra insulation blown into the attic (the assn. had recommended that after we had our roof replaced), and I never went back up there again.  The attic door is actually located in my walk in closet, and there now is a dresser and clothing hanging right under it.  I'm no longer able to move all that stuff around for their silliness, and I wouldn't do it even if I could (and have all that insulation falling down into my closet, yet).

[phoenixbrd]

The deed is completed.  We are very sad.  The front of our home looks desolate and living plants were destroyed.  I'm going to put this in the past and, even though it will be more than a year due to travel plans, we will attempt to console ourselves with where we want to move and our new home plans for the future.  Appreciate you lending an ear and kind understanding words.

[BirkiLady]

@phoenixbrdRead the By-Laws. Is there anything in the original By-Laws stating you cannot erect something like that arch? If so, your HOA has the right to have you remove it. If not, stand your ground! Have you been on the Board of your HOA and do you attend the meetings regularly? I love living in an HOA and find being an active participate helps keep other homeowners happy.

Those who do not participate are usually the ones who have not read the By-Laws prior to purchasing their homes! Why anyone would buy something without reading the fine print is beyond me, but people do . . . and then complain. Go figure. "Let the buyer beware" is a term we've all heard forever . . . it isn't rocket science to be careful about purchasing something with eyes wide open.

If you've lived in your home for 20 years I would imagine you are completely within your rights . . . and probably within the original HOA's By-Laws. Perhaps there has been a conflict with another resident? After reading your original By-Laws (and any Addendums), you might consider consulting your attorney. If he/she finds nothing out of order, he/she could write a non-threatening letter to the HOA. Kindness pays and it would save so much trouble and expense in relocating based on anger and frustration. Best wishes.

ETA: From reading other posts, it sounds like many of these HOA's must be in condo-type units. I own my land, home and am completely responsible for everything. The HOA maintains the six acres behind me, plus the golf course, softball field, kids playground, pool, tennis courts, basketball courts, clubhouse, etc. (I pay for my own lawn service and snow removal since my son has rental units and his crews do a much better job! Just a matter of choice.) As far as anyone from the HOA "telling" any homeowner what to do, it does't happen. It's a desireable area, with very little turn-over and all homeowner's maintain their homes impeccably.

I couldn't live under some of the "rules" mentioned by posters above, either! Big Brother watching would not be my idea of "Home is where the heart is" . . . but that would have been in the By-Laws.