Beautifying Heritage Hills home not against the rules
I am writing to you about a Home Owner’s Association suing a retired 28-year Gulf War Veteran and his wife; who also happens to be a Gulf War Veteran.
We live in Heritage Hills. The president of our association, who is the sole complainant against us, is, in my opinion, using his position and community money to sue us over a beautiful pool and pool house we added to our property to increase the value of our home and community.
In July 2016, our community voted against suing its neighbors. Yet, this litigation has been going on for four years. How can the board go against the majority vote of the community? Is our pool and pool house such an “eye sore” to the community. It’s worth wasting 60% of last year’s budget to get rid of it?
Last year, the board used their proxies to vote in a budget of $5,000 for legal expenses. However, they spent $11,182.10. This was $6,182 over the budget. I guess the over budget spending, is the “more or less” spending the board quantifies in their agendas. Couldn’t this money have been better spent on something truly benefiting the community? Things such as walking paths or a pavilion area? What about the 4-year period of spending? Think of the community event(s) we could have had for the kids in our community?
Our declaration was the only “official document” I was given to follow for guidelines. I did so, expecting the board to use the very same guidelines to ensure I was in compliance. Having met the guidelines in our declaration and with South Union Township ordinances, I submitted my proposal. At the time, it was only for a pool house.
The president has never entertained a conversation on our by-Laws or declaration; neither one on one, nor in a community forum. His only comment has been, “I am sorry that I cannot address the intent of the covenant, as I was not the one who drafted it.” Which lends the question, how can someone enforce something they themselves have no interpretation of or position on? “Because I say so.” is not a reason for enforcement.
The president also said, in a notification letter to the community, “One only has to look along Derrick Ave. one sees sheds, wood sheds, chicken coops, above ground pools and off of Mayflower Drive there is a shed in the front yard of a nice house.” Thus, here we are today. A Housing Association, suing veterans for putting a beautiful pool and pool house.
Our declaration does not define a “structure”, nor does it define what the internal design of that structure will be used for. It does address what the external design will be made from the same building materials as one’s home and be in “harmony with existing structures” on one’s property. I don’t believe the “writers” of our declaration wanted to dictate what structures will be used for on one’s property, as long as it looked similar to your home.
There are 23+ other structures permitted in our community. Some allegedly without board approval. The standard was set by previous boards. Therefore, the standard is the standard. But the questions remain; was my proposal, not my actions, in compliance with our declaration? If so, why did the board deny me of my pool house and later pool? Shouldn’t the board have substantiated their reasons with our Declaration and not opinions? Don’t we deserve the right to have the same nice things as others in our community?
I know to some in our community, this will create great animosity. Especially for those trying to sell their homes. For those selling, I sincerely apologize. But, can you honestly say my pool and pool house is a huge “eye sore” or menace to our community? If you feel there is nothing wrong with my pool and pool house; reach out to the president of our HOA. Ask the president why he continues to spend community money on this personal pursuit of community misery. Who or what is truly hurting this community and your ability to sell your home?
Given the money wasted, maybe now the board will allow for a budget review committee and audit of our community’s financials, along with all the other committees this community so desperately needs to have their voices heard.
We have lived in many military and civilian communities here and abroad. We have always complied with the rules and regulations. We are not “Heritage Hills Hillbillies” as the president has proclaimed to be in a notification letter to the community. We are veterans who have always fought for the rights of its citizens and neighbors.
Kirk Ennis
South Union Township
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