Bylaws of my subdivision??

Question

How can I find out what the bylaws are of my subdivision. Everytime we want to do something i.e. put a fence around the backyard, small kennel for my dog, redo the front porch; the president of the subdivision waits until the project is 90% of the way done and then says it violates the bylaws and we have to undo what we did and get permission first 'as it clearly states in the bylaws.' But we have never gotten a copy of these bylaws so we don't know what they are. He was joking around the last time we had a discussion and said that the bylaws were there to keep people from putting up purple curtains, etc. Can they really tell you what kind of curtains you're allowed to have? My bedroom is lilac and gold so purple curtains would go with the decor but obviously I can't hang any up. He made us pay 2 years of back dues and reported us to a collection agency for not paying but we were never told about them so how could we have paid?

We caught up on our dues and he said that the money was going to having everyone's land surveyed to figure out where exactly property lines were. Someone told us he couldn't use HOA dues for this, that it is the responsiblity of the HO. We live in a duplex so we obviously know where our property line is. They did the land survey last week and anyone living in a duplex didn't get one done. Shouldn't EVERYONE have gotten their land surveyed regardless of what kind of house they live in? We went to the recorder of deeds and she told us to go somewhere else and they told us to go somewhere else......

Answer 1

The bylaws can tell you what kind of curtains, shades, shutters, fences, type of plants, landscaping, roofing .. where you can park, how you can park, what types of vehicles and pets you can have!

Very dangerous things if you aren't fully aware of the impact they can have when you buy into those sorts of communities. Most people are not aware, and don't consider these things enforceable - but they are indeed.

Answer 2

Whoever this dude is that owns the subdivision, he must provide every resident with a copy of the by laws. It should be done at the time of the sale. If he won't give you one for free then get a lawyer to sue the subdivision for a copy plus the lawyer's fees. Yes they can do all those stupid things. Maybe you should run for council and see if you can get things straightened out. How could you not know about the dues? Your lawyer screwed up on the purchase and the council should be billing annually since they probably raise the rates every year, just like taxes.

Answer 3

If you are a homeowner when you purchased the house, you should have received a copy of the CC&R or bylaws during the home purchase before close of escrow. I would think it is part of the disclosure documents that was required by your contract. Was that not included? If not, you should still be able to request for a copy but you may need to pay a fee. Alternatively ask your neighbor for a copy.

Answer 4

Request for a copy of the by-laws so that you will know all the restrictions regarding property improvements and buildings. As a member of the community, you must be given a copy of the by-laws by the subdivision president.