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Fence Fight Bookmark and Share

5:14 PM Tue, Sep 25, 2007 |

It started as a $400 dollar, 12-foot section of fence. It's still the same fence, but now it's costing one Redmond-area homeowners' association -- and ultimately the homeowners themselves -- $83,000! Why? Attorneys fees.

Homeowners Marc and Kristina Weiss stained their fence "Nantucket White," but some members of their homeowners assocation decided they wanted the fence to be "Pina Colada" (which is also white). An arbitrator just ruled in favor of the Weisses, saying "the color used by the Weisses in restaining their fence was so close to the color of their unit that the diffference was not distinguishable upon reasonable observation." I couldn't see much of a difference in the colors either. How do you see it?



17 Comments

Anne Ripley said:

Finally a big win for the non-board members!! Congrats!! Hopefully this will be a message to all the HOA board members out there that sometimes the board members do actually lose!!!!

skok said:

HOA's are a microcosm of socialism/communism, Taking away homeowners private property rights.

Sounds like the HOA board was Hitler in training.

Im glad the homeowner won. unfortunately the homeowner and his neighbors will have to foot the bill.

Chris said:

HOA's for the most part are Socialist groups who have nothing better to do that to harrass their neighboors over things that are petty and they really should have no right to any say. Homeowners who sign on the line of a HOA contract are just asking for problems and it only serves them right that they lost.

Rick said:

Anyone who moves into an area with a HOA is nut's. A friend of mine had to take down his Car port cause HOA did not like the way it looked.

Tom said:

HOA's are nothing but trouble it's other people trying to control us. There are already city and county zoning controls that should be all that is required. I will never live in a subdivision with Restrictive Coventants or HOA's because this is the kind of petty BS they try to control such as color of the home and the type of fence and/or how long your grass grows etc....Congrats to the family that fought this maybe that will teach this HOA to mind there own business.

Per-Ola said:

There's a reason HOAs are also referred to as "Neighborhood Nazis". But it is not so much because they try to "control" and "maintain" the neighborhood, as to their total lack of good old common sense.

When we looked for a house, we very specifically looked for houses in area w/o a HOA.

Voluntary Neighborhood Associations, where neighbors work together is a whole other - good - thing, but mandatory HOAs are just pure evil. Especially the ones that focuses on "shades of white".

HannahSimon said:

Typically, HOAs aren't a bad thing. This one just ran amock. If you don't like HOAs, just don't live there. If you have a choice it isn't communism. Housing developments with HOAs usually have higher property values.

Phil said:

HOA's are the biggest joke of all. #1-The people that run them think they are god. #2-They charge more money than they need to so they can line their pockets. #3-God help you if one of them does not like you because they will do anything to make your life a living hell. There is a subdivision not to far from where I live in Joliet Il that has taken one poor woman to court for displaying a small Air Force flag for her husband who is in Iraq. It takes a lot of nerve to be so petty. In another subdivision they are fineing an older couple for leaving an old but good shape car parked in their own driveway because their son had moved back in with them. There is only a one and a half car garage attached to the home and no overnight parking on the street. Well at least one family has won in this case, I was glad to hear the other members of the board had resigned. Maybe the new ones will learn a lesson and not mess with anyone else.

Kevin said:

I think the five members of the HOA who were on the board at the time should be the ones who have to pay the attorney's fees, not the rest of the homeowners!! Maybe they will use their heads the next time if it smacks them in the pocketbook.

Wes said:

Just watch the movie 'over the hedge' if you want to see how 99% of homeowners association people act.

Kay said:

83k is A LOT of money! I don't think the home owners should have to pay for this. The board should pay for it or wherever all the fees go to should pay for it. This is just really sad.

Kathy said:

I'm responding to the post that said HOA's add to the value of a home. The current trend across the nation is that HOA's can actually hurt the value of your home. This is because so many HOA's have run amok and are filling the courts with these kind of cases.

Teri said:

This story makes me want to SCREAM! See, there are rules made by the HOA to maintain the upkeep of their neighborhood (ever try living next to FRED SANFORD?)..keeping people from leaving junk cars, garbage, and not maintaining cosmetic aspects of their homes...it's frustrating to live next to people who let their homes fall to rot or collect junk on display for all to see...it makes the neighborhood appear poorer...HOWEVER, this is the results of an obvious group of CONTROL FREAKS who more than likely had nothing better to do than B*TCH! I could see if the damn thing was PURPLE or PINK or some other OBNOXIOUS color, but that is just downright PETTY and an embarassment to other homeowners who belong to HOA's that are effective and not out to just incur outreageous charges to the members for stupid little things.
Shame on them!

Robert said:

Who was the Weisses attorney

Sue said:

Since the color of the fence was already approved, the board should of stood by their decision. I am on a board of a HOA. Colors are such a gray area (no pun attended)sometimes people's view of proper colors are from their own perspective. In support of HOA, we are not paid for what we do. Our HOA are basically, keep your yard mowed and weeded, keep your recreation vehicles stored behind a fence. We have a subdivision next to ours in which there is no HOA. Their lawns and flowerbeds have weeds everywhere. They park their boats and trailers on their lawn. It is not only an eye sore but also a safety issue with children. Our property values are lowered due to the condition of their homes. In a perfect world, everyone would take pride in their home and HOA's would not be needed, but when the biggest expense you have in your life is effected by others, a caring HOA is a benefit. When people were surveyed regarding renting a home, 75% of perspective renters preferred living in a community with CCNR. If you are going to buy a home, check the CCNR before you buy and decide if their regulations are something that you agree with, if not, you wouldn't be good for the community and the community wouldn't be right for you.

Oh Please! said:

HUH!?! Nazi/Communist?Socialism disguised as "Community Standards" buzz words for "We WILL control YOU!" What a FARCE HOA's are. I hate them and think they are populated by busybodies. What will they say when they face GOD? "But, I kept my lawn and house really pretty LORD-it doesn't matter if I made my neighbor's life HELL! God-I hope they all get a beautifully hot corner of Hell-done up quite tastefully in just the "right" sahde of Pina Colada White! LOL!

Jen said:

Don't buy a home if KA Diehl are the managing HOA. they upped our fees to 65 a month and we don't even have a pool or anything I can't wait to sell


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