First off, sorry HOA are one reason I'll never live inside city limits or any where they have them. I have heard the horror stories and even seen the crap that the power tripping head tries to pull. Secondly the easement really is still owned by who ever owns the land. If you can get the owner of the addition or the land manager of that addition and explain to them whats going on, I bet they would or could over rule the HOA. Good Luck.
That is the whole reason you have Utility easements. This guy is full of Sh#T. Only problem is, if you back down he will win. You have a couple choices. First get Vyve to help you. They have to know the rules and have lawyers. They want to make money so this ain't the first time they have had a tool in a HOA tell them to stop. If they can't or wont help you. Then you have 2 choices. Get a Lawyer (Spend some Money) to get what you want and prove your right. Or get over being shy and start going door to door. I suggest having a short 1 page document that highlights anything he may be using from B.S. HOA document. Be prepared to explain why what he is saying isn't correct. Along with that include standard pricing and services available if people support this. (IE how your life will be better by doing this.) Either way you may be in for a fight. Also be prepared some folks will support you because they hate the tool. Some will not because they are afraid of him. Others won't give a crap and want you off their lawn.
Otherwise call your realtor and ask him how many grand its going to cost you to move. It will be between 15-20k by the time you close on this house and the next one along with moving.
Otherwise call your realtor and ask him how many grand its going to cost you to move. It will be between 15-20k by the time you close on this house and the next one along with moving.
Keep in mind, HOAs typically are poorly funded and DO NOT want to defend a lawsuit.
Easement rights are either granted by the city or the county. In unincorporated areas the county has control of the easements. I've never seen an area that has HOA controlled easements (not to say that it can't happen, just that I doubt it). Look at your deed, it should list any easements on your property and who has those easements. But yes, call the Vyve sup and talk to him.
Property records, deeds, etc.
^^^ This right here!
Go to the courthouse. Go to the county clerk's office and pull the plat for your addition. The deputy clerks there are nice and very helpful, they'll help you. It will have the dedication on it and may even include the covenants, but it will have the recording info for where the deed is recorded (book and page) and the dedication will be filed usually right before or after that. Then get a copy of both. Whatever it says is what the ****** has to abide by. It's the legally controlling document.
I'm betting he's just a control freak busybody that's trying to ride herd on everyone. Fight it! If you can't tell I utterly hate HOAs.
very interesting...... awaiting the results
Yeah I agree, I would seek legal council. I would also see if Vyve would assist in other options of what to do as well.. I am sure they have had similar issues before.
Our HOA sucks too, I have had only one issue and it only took one certified legal letter to resolve it. I don’t have any friends in the hood now.. but I didn’t want any to begin with.
Our HOA sucks too, I have had only one issue and it only took one certified legal letter to resolve it. I don’t have any friends in the hood now.. but I didn’t want any to begin with.
I just spoke with the Vyve supervisor. He had to call the construction crew at 6 this morning to stop them from working in my addition. He also said they are boring everything instead of trenching so it won’t even mess up anything. Then he told me the HOA president said I don’t know if anyone that wants your service to which the Vyve supervisor said there have been several trying to get it. The old man is trying to be an A hole. Well that is what he is. He thinks he owns everything. He told the Vyve supervisor that he would personally go around and tell people what is happening and give them a ballot. If he thinks for one second he is the one counting those ballots he is dead wrong. We should have a meeting just like any other time we vote. Why all of the sudden is this different? It’s bexaue he is trying to control the outcome. I am not letting up until we get it installed. I don’t see how by what our HOA covenants say that he can stop them. It doesn’t specifically say a cable or utility company can’t install without a vote. When I told the Vyve guy what it said he though it was referring to adding onto houses or property and that it didn’t refer to utilities. I am sending him a copy of the covenants and he is gonna talk with his boss. Hopefully it gets resolved without a big hassle.
He probably owns stock in AT&T and is trying to force a monopoly in the addition.
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