Oxfordshire HOA

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I was able to access the covenants and one thing that jumped out was a provision requiring that any new home construction be completed within a year of its start. If that is true, the house being built at the entrance to Oxfordshire must be in violation by now. That construction project came to a halt a long time ago and is now an eyesore. The board needs to compel the owner to come into compliance either by completing the  house or removing the blocks and other building materials that have been placed on the lot and then restoring the lot to the state it was in before construction was begun. The board should be prepared to go to court if necessary. The HOA could probably collect is lawyer fees from the judgment a court is likely to render. It is important to remember that the HOA board has a fiduciary reponsibility to enforce our covenants so it doesn't really have a choice in this matter. Hopefully the owner of the lot in question will be cooperative in resolving this matter.

I checked the county's permit information (Permit #B27014814) and found that the permit was granted 10/13/14, so I guess that would be the date the one-year "commencement of construction" clock would start.  The CC&Rs text says that if a delay is due to "circumstances reasonably beyond the control of the Owner," the HOA agrees in advance to extend the deadline.  (At least that's the way I read it.)  So it comes down to requiring the Owner to fork over her best excuse, then the HOA deciding whether, in a court of law, those reasons would be deemed "reasonable." Sounds like a lawyer would be required.  This could drag on.

 

Maybe the best the HOA can get for now is to demand (after 10/13/15) a reason for delay, and then to grant an extention if she will at least remove the construction materials from the front easement area.  Perhaps HOA could waive all homeowner dues until completion, conditional on this (since we're not likely to get them before then anyway, I'm guessing).

 

PS - Per the permit, this is an ambitious project.  5 bed, 5 bath, 4489 sq ft.  Complex foundation & support wall specs, apparently approved.

 

Dave Owens, Crown Hill Dr

I see the same  provision in our covenants but it seems to me that our board is in the driver's seat since it would have to make a determination of whether the reason for the delay is due to circumstances "reasonably beyond the control of the owner." I would think that such circumstances are very rare. But beyond that I think it is important that we act firmly to ensure that this owner complies with the covenants. Fear of lawyers is something to avoid. You can't enforce covenants if you are afraid of having to pay a lawyer. And in many cases, if you prevail you can collect your lawyer's fee from the other party. This also points to the need for the HOA to maintain a contingency fund. The slashing of our dues a few years back probably makes it harder to build and maintain such a fund but any HOA needs one.

I don't know when construction began on the house in question but I agree that the date of the permit is probably a good one to use. That means the HOA board has just over two months before it has a fiduciary responsibility to act. I would think that now might be a good time for the board to simply alert the owner that the project is nearing the time when it would be in violation of subdivision covenants. That seems like a friendly gesture on the HOA's part and with luck it might spur the owner to action.  Remember, a project is not complete under our covenants until a certificate of occupancy is issued so it is doubtful that the owner can meet the deadline regardless. Possible but unlikely. As you note, it is a pretty big house.

I wonder if the owner has provided an explanation of why the project has come to a screeching halt. It could be that the owner is simply unable to build the house as he or she once planned. If that is the case, the lot really needs to get cleaned up ASAP.