We are having a major issue with the management company, Abbot Enterprises and Billy Packer of Catawba River Plantation Propery Owners Association. I would like to try and summarize a list of events that date back to April 2002.
April 2002- applied for a variance of the Catawba River Plantation covenants and restrictions. We wanted a 6 foot shadow box fence b/c of our dog, which is tall enough to jump a 4 foot fence (the allowed height in our covenants). At the time, no HOA existed so we had to apply for this variance to the Architectural Review Committee(stated in our Covents Conditions and Restrictions). We then received verbal approval from Ken Graham (who at the time was on the BOD and President of the executive board) to erect a 6 foot shadow box fence. We were told a letter in writing was in the mail stating our approval. (By the way, we are 1st time home buyers) The HOA did not take effect in our neighborhood until July 1, 2002. We were approved in April 27, 2002 by the ARC.
August 2002 June 2003 letters stating we needed something in writing to prove we had approval for the fence, letters threatening fines, etc.. I contacted Ken Graham at this time and he advised me he could not give me anything in writing b/c his partner Forest Jenkins advised him not to. He did however remember approving my fence. Therefore we were forced to attend a hearing on our issue. We had our attorney present and he advised us to sign an agreement with the HOA simply b/c we did not have a leg to stand on (w/o a letter of approval). The agreement was we had to pay $100 fine, we could keep the fence as long as we (the owners) occupied the house, and we had to present a landscaping plan to buffer the fence!
April 2004- we put the house up for sale b/c of all the issues with the neighborhood. We had a potential buyer who wanted to purchase the home but wanted to keep the fence. We then realized what an asset we had added to our home and knew we would have a problem selling the home to this buyer if we told him the issue with our fence. Of course, that buyer moved on and did not want to get involved. Therefore we lost a sale on our home. I then contacted Ken Graham by phone and he agreed to put something in writing that he approved my fence. I received this approval in writing from Ken on April 21, 2004 (2 years later). We then presented this letter to the HOA along with a letter from our attorney and now the HOA feels this issue is like beating a dead horse. These are exact words (in writing!) from the President of Abbott Enterprises (the management company for Catawba River Plantation HOA). He feels we have the same argument over and over. Well the fact is, we do have the same argument b/c we were given the approval in the first place.
So you can see our dilemma. I feel we were very much taken advantage of especially since this is my 1st home. We should have never put the fence up without written approval but we were promised twice that a letter was in the mail to our home by Ken Graham and his assistant (Tami). I would have never spent $2,000 on a fence that I was going to have to remove when I moved out of my 1st big investment. We have also gotten quotes on tearing our fence down and replacing it with a 4 foot fence. This would cost $7,000. To cut our fence down to a 4 foot and making it look presentable is not an option but they could cut it down with a straight edge for $1,300.
I have attached a letter of approval from Ken Graham and a letter from our attorney to the HOA attorney explaining our position. I also attached a copy of the Rules of Arbitration for Catawba River Plantation. We have then since received a letter from the HOA attorney and Billy Packer (a member of the board) stating our issue was resolved and they see no reason for further action (or arbitration). They are basically rejecting our request for arbitration. Therefore the only action is to take out a lawsuit on the HOA which could take 1-2 years and cost a lot of money. If you could be of any assistance, please let me know. I would really like to have this issue resolved. I have all of the documents in writing for further review if necessary that took place from April 2002 present. Please contact me by e-mail (
[email protected]) if you have any suggestions.
Please let me know if I can provide you with any other information or documents. Again this is a brief summary of the events that have taken place since we first moved into this neighborhood. Thank you for your time in advance.
Sincerely,
Chris Ferriell