Home Being taken advantage of because we''re renters?

[MichelleCarmen]

Grrr. . .as renters, possibly we''re not respected as others are, but our rent is very expensive ($1,800/month) because we live in an area with very little rental availability and we have CCRs that we''re expected to follow, just as every home owner, so I do not feel we represent the often stereotypical renter. The problem is that our neighbor isn''t following the CCRs and get this, we share a strip of land and they''ve encroached onto our property with one of their belongings. They cut branches off one of our trees to make room for their stuff and now we''re stuck in the position of complaining to the HOA and having our neighbor be our enemy, complaining to the neighbor - problem resulting in the same thing, or just dealing with what they''ve done. They have clearly violated the CCRs, yet I wonder if they''ve done so because we''re renting and possibly are even bullying us to some extent.

 

[D&T]

sorry MC you are dealing with this. Can you not talk to your landlord? I think the owner of your place would have more grounds to "complain" maybe? and the HOA may be able to do something because the owner of the place has rights too? just a thought? I know it stinks to share things with neighbor, let alone a crappy one.

 

[MichelleCarmen]

The problem is the owner and the neighbor are long-term friends. If we complain, we'll start "a war" on some level. We have neighbors on the other side and only the guy has talked to us once. The wife never has done anything other than wave. I know why. I feel that they want to be sure to maintain boundries. Dh and I normally avoid talking to neighbors because there eventually is always something that comes up. Everyone elses' houses are so well maintained and it's an insult that we have to deal with a blight right in front of us. I've been meticulously maintaining the front of the house so when I drive into my driveway, it's a pleasurable sight. Now it is not.

 

[purrfectpear]

You used the words "we" and "our" but as renters they don''t apply.

YOU shouldn''t be in the position of having any discussions with the HOA or the neighbors for that matter. That''s what the LANDLORD is supposed to be doing, protecting his/her investment. If they are trying to put you in that position, I''d push back.
Those are the landlord''s trees. If (s)he doesn''t care that they''ve been hacked then it''s a moot point for you. Hopefully the landlord does care.

 

[MichelleCarmen]

Date: 5/28/2009 12:55:37 PM
Author: purrfectpear
You used the words ''we'' and ''our'' but as renters they don''t apply.

YOU shouldn''t be in the position of having any discussions with the HOA or the neighbors for that matter. That''s what the LANDLORD is supposed to be doing, protecting his/her investment. If they are trying to put you in that position, I''d push back.
Those are the landlord''s trees. If (s)he doesn''t care that they''ve been hacked then it''s a moot point for you. Hopefully the landlord does care.

Okay, I''ll call my landlord. She gave us a copy of the CCRs and explained we need to follow them and I just scanned through the paperwork and it is dated back in 1990. Figures.

 

[purrfectpear]

Yep. She should be earning her keep.

 

[MichelleCarmen]

I sent her an email and she gave me the email address of the HOA and then said to CC any correspondence I send to them in case she needs to support me.

 

[Shoopy]

Sorry you are dealing with this

We actually have the opposite problem. We own and never get the answers we want from our HOA. But as soon as someone that rents complains, they come running. During this time we start seeing wasp nests and because we''re by the water, we get nests along side our outside wall. We''ve called the HOA a bunch of times to tell them to come knock the nests down and haven''t been able to get any resolution. The neighbors that are renting and just moved in called and maintenance showed up the same exact day

 

[Italiahaircolor]

I would let your landlord take care of it.

 

[purrfectpear]

Date: 5/28/2009 5:40:56 PM
Author: Italiahaircolor
I would let your landlord take care of it.

Me too, but apparently her landlady is a bit of a lazy "hands off" person who just wants to collect the rent.

It''s totally unfair to make the renter do the job of protecting her investment.

 

[TravelingGal]

Date: 5/28/2009 4:12:18 PM
Author: MC
I sent her an email and she gave me the email address of the HOA and then said to CC any correspondence I send to them in case she needs to support me.

OK, that''s annoying.

 

[D&T]

Date: 5/28/2009 4:12:18 PM
Author: MC
I sent her an email and she gave me the email address of the HOA and then said to CC any correspondence I send to them in case she needs to support me.

uggg- well your landlord is no use... that bites!

 

[Italiahaircolor]

If your landlord is directing you to the HOA...you may want to proceed with caution. Some HOA''s don''t recognize renters as people that actually live in the space they rep. They may actually refuse to deal with you directly.

I would e-mail them, since it''s worth a shot. Take a couple of pictures, and explain what the situation is. Also, be sure to tell them that your landlord (the owner) directed you to the HOA to settle this matter. Then...you sit and wait

.

 

[KimberlyH]

I can''t imagine that the HOA would respond to a tenant, their responsibility is to the homeowner. I would notify the landlord it is his/her responsibility to deal with the issue as they have the contract with the HOA, then step out of it. If fines accrue the landlord should pay them.

 

[neatfreak]

I''ve got to ask here-what exactly have they done?

 

[MichelleCarmen]

Date: 5/28/2009 5:44:17 PM
Author: purrfectpear

Date: 5/28/2009 5:40:56 PM
Author: Italiahaircolor
I would let your landlord take care of it.

Me too, but apparently her landlady is a bit of a lazy ''hands off'' person who just wants to collect the rent.

It''s totally unfair to make the renter do the job of protecting her investment.

Funny thing is the house appealed to us because of the landlord being "hands off." She''s given us permission to do anything that will make the house feel more like home! It looks better already. Aside from the glitch we''ve now encountered, we''ve been extremely happy here.

 

[VRBeauty]

The encroachment problem is an issue. Your landlord might not see it as such, especially if the person doing the encroaching is a friend. If the landlord is the only person who has standing to bring a complaint before the HOA, but doesn''t, then I think you beef would be with the landlord because you don''t have full use of the property she rented to you. Of course if you raise that as an issue, it might give your landlord reason to find a reason to force you out of the home, so it''s a risky move unless you have some sort of rent control or other legal protection as a renter. It''s not fair, but in most places renters just don''t have the same rights as homeowners. (On the flip side, renters don''t have the same responsibilities as property owners either.)

The tree is another matter -- where I live you have the right to cut branches that intrude into your property, with or without the permission of whoever "owns" the tree, but I don''t have to deal with neighborhood association C&C''s. (That I know of. My neighborhood is old enough that there might have been specific restrictions that no one who is around now knows about!)


Good luck!

 

[KimberlyH]

Just a thought, have you talked to the neighbor about this directly? "Hey, I noticed you''ve moved some stuff onto our side of the property, I was wondering if this is something our landlord gave you permission to do? If not, we''d really appreciate you taking care of it as we don''t want it to turn into an HOA issue."

 

[MichelleCarmen]

Date: 5/29/2009 2:15:37 AM
Author: VRBeauty
The encroachment problem is an issue. Your landlord might not see it as such, especially if the person doing the encroaching is a friend. If the landlord is the only person who has standing to bring a complaint before the HOA, but doesn't, then I think you beef would be with the landlord because you don't have full use of the property she rented to you. Of course if you raise that as an issue, it might give your landlord reason to find a reason to force you out of the home, so it's a risky move unless you have some sort of rent control or other legal protection as a renter. It's not fair, but in most places renters just don't have the same rights as homeowners. (On the flip side, renters don't have the same responsibilities as property owners either.)

The tree is another matter -- where I live you have the right to cut branches that intrude into your property, with or without the permission of whoever 'owns' the tree, but I don't have to deal with neighborhood association C&C's. (That I know of. My neighborhood is old enough that there might have been specific restrictions that no one who is around now knows about!)


Good luck!

My landlord and neighbor are friends (hence part of the problem)! She would never kick us out, though, because we just moved in, have a 12-month lease and are wonderful tenants. After given her permission, we've painted nearly half the inside of the house and it looks amazing. We've also done wonders to the yard. We've increased the value of the home.

Re: the tree. Yes, the right to cut off branches is permitted here, too, but they walked into our yard to do so. If they only did that, I wouldn't even care, but they cut the branches NOT because they were extending into their yard, but because they were in the way of their "belonging". . .which (okay, I was hesitating to post) is an awning to an old rusty travel trailor. It's out and extending 5' into our yard and covering a section of ground I have been working on making into a flower bed. (There isn't a fence in the front between our two yards, so it's just opened right over the section designated as the yard (we are renting).

I would like to pull into my driveway and see a flourishing yard with lush flowers and plants, not some yucky old awning! I've been spending endless hours outside creating beauty and now I'm stuck with an eye sore.

FWIW, such a vehicle goes heavily against the CCRs. We have fenced in side parking for such vehicles and in the rules, it is stated that no such vehicle be visable from behind the fence.

 

[MichelleCarmen]

Date: 5/29/2009 8:32:01 AM
Author: KimberlyH
Just a thought, have you talked to the neighbor about this directly? 'Hey, I noticed you've moved some stuff onto our side of the property, I was wondering if this is something our landlord gave you permission to do? If not, we'd really appreciate you taking care of it as we don't want it to turn into an HOA issue.'

I guess I could try that, but do not want to create confrontation. A few days back I purchased a bunch of flower seed packets and will be planting them there and will stake off the area. Still the awning blocks out light!

ETA - okay, I am off to plant my seeds. Hopefully they all germinate!!!

 

[Hudson_Hawk]

I''m sorry I can''t remember if you said this already, but did you mention the actual issue with the neighbor to the landlord?

 

[lyra]

Now that you explained the "belonging", I''m quite surprised no one *else* has complained to the HOA. I lived in a neighbourhood where you could not have any type of recreational vehicle, boat, or anything of the kind parked on your property *at all*. Surely the HOA will resolve this quickly. The neighbours need to move the vehicle. I''d do the pics/email route to begin with, but like others have said, probably your landlord is going to need to get involved directly. Provide her with the pics to make it easier for her maybe? Good luck. Sucky situation!

 

[MichelleCarmen]

Date: 5/29/2009 6:40:10 PM
Author: lyra
Now that you explained the ''belonging'', I''m quite surprised no one *else* has complained to the HOA. I lived in a neighbourhood where you could not have any type of recreational vehicle, boat, or anything of the kind parked on your property *at all*. Surely the HOA will resolve this quickly. The neighbours need to move the vehicle. I''d do the pics/email route to begin with, but like others have said, probably your landlord is going to need to get involved directly. Provide her with the pics to make it easier for her maybe? Good luck. Sucky situation!

It is strange that nobody else has complained since everyone had their yards looking immmaculate. I spent almost 5 hours outside today weeding and pruning and the front yard looks AMAZING! I''d love to become a professional landscaper!

Good idea about the photos. . .I''ll take a few on Monday (when the people are at work) as evidence.

Oh, this is odd: I was looking through the CCRs and found that it is CHEAPER to pay the fines than to pay for storing an RV. Doesn''t that just figure! The only time it would become a problem for the home owner is if they do not pay the fines. Then a lien can be placed on the property.

 

[KimberlyH]

Asking a question isn''t confrontational. Perhaps your landlord told them it was fine to use the space, if that''s the case your issue is with the landlord, not the neighbors.

 

[brightlight]

Date: 5/29/2009 1:04:48 PM
Author: MC

Date: 5/29/2009 2:15:37 AM
Author: VRBeauty
The encroachment problem is an issue. Your landlord might not see it as such, especially if the person doing the encroaching is a friend. If the landlord is the only person who has standing to bring a complaint before the HOA, but doesn''t, then I think you beef would be with the landlord because you don''t have full use of the property she rented to you. Of course if you raise that as an issue, it might give your landlord reason to find a reason to force you out of the home, so it''s a risky move unless you have some sort of rent control or other legal protection as a renter. It''s not fair, but in most places renters just don''t have the same rights as homeowners. (On the flip side, renters don''t have the same responsibilities as property owners either.)

The tree is another matter -- where I live you have the right to cut branches that intrude into your property, with or without the permission of whoever ''owns'' the tree, but I don''t have to deal with neighborhood association C&C''s. (That I know of. My neighborhood is old enough that there might have been specific restrictions that no one who is around now knows about!)


Good luck!

My landlord and neighbor are friends (hence part of the problem)! She would never kick us out, though, because we just moved in, have a 12-month lease and are wonderful tenants. After given her permission, we''ve painted nearly half the inside of the house and it looks amazing. We''ve also done wonders to the yard. We''ve increased the value of the home.

Re: the tree. Yes, the right to cut off branches is permitted here, too, but they walked into our yard to do so. If they only did that, I wouldn''t even care, but they cut the branches NOT because they were extending into their yard, but because they were in the way of their ''belonging''. . .which (okay, I was hesitating to post) is an awning to an old rusty travel trailor. It''s out and extending 5'' into our yard and covering a section of ground I have been working on making into a flower bed. (There isn''t a fence in the front between our two yards, so it''s just opened right over the section designated as the yard (we are renting).

I would like to pull into my driveway and see a flourishing yard with lush flowers and plants, not some yucky old awning! I''ve been spending endless hours outside creating beauty and now I''m stuck with an eye sore.

FWIW, such a vehicle goes heavily against the CCRs. We have fenced in side parking for such vehicles and in the rules, it is stated that no such vehicle be visable from behind the fence.

It sounds to me like your landlord is getting free home improvements from you and your husband. I''m not really understanding why your landlord is so hesitant to say anything to the neighbor especially if they''re friends. It seems to me like it would be an easier conversation to have with someone who''s your friend rather than a stranger.

 

[MichelleCarmen]

Date: 5/30/2009 12:01:06 AM
Author: brightlight

It sounds to me like your landlord is getting free home improvements from you and your husband. I'm not really understanding why your landlord is so hesitant to say anything to the neighbor especially if they're friends. It seems to me like it would be an easier conversation to have with someone who's your friend rather than a stranger.

We haven't told our landlord about the problem. When I sent her an email asking about procedure, I didn't state a specific problem so she has no idea what is going on at this point.

She is getting "free home improvements," but not for that long because we're going to put an offer on the home within the next few years. Also, paint and seasonal plants aren't very expensive!

I think that is where renters get the bad rap - they do not want to put anything into the house (be it time or money) and the place goes downhill. Just because we're renting (even if we never intend to buy), doesn't mean I can sit on my butt and not lift a finger to pull a few weeds.