Can HOA take away my yard?

 Dear all,

I am a first-time homeowner who just purchased a condo in
Goleta (Santa Barbara area), California. The end unit condo
has fences that enclose a private yard between the unit and
the community fence.

There are about 130+ units in the community, 4 out of the 6 end units
have
such enclosed private yard, while 2 end units don't.

The previous owner told me these fences have been there for 15 years,
and about 4 years
ago, the HOA even replaced/remodeled the fences at HOA's expense.

We have not moved in the condo, but expect to move in by the end of
June.
Now the HOA is giving us notification that we should remove the fences
in 90 days, and restore
the landscape back to the original plan. All costs will be at owner's
expenses.

However, they don't have the original layout showing the enclosed yards
are not original design.
The board said they just know those yards are not original.

I think those private yards should have been grandfathered in. As a
naive fist-time homeowner, I don't
know what to do to protect my yard, or if the yard cannot be saved, to
protect myself from paying the
cost of yard removal and landscape restoration.

Please help me and advise me what to do.

Many thanks!

Bernie

 

OK, yet one more reason that HOAs should be OUTLAWED, period.  -Dave

 says...

So there should be a rule made because HOA's make - too many rules?

??

Banty

 
Yup.  In this case, one helpful law could do away with millions of petty
rules created by control freaks who want to dictate how their neighbors live
their lives on their privately owned property.  And before someone states
"but they CHOSE to live in an HOA area", that isn't always the case.
Sometimes HOAs are created against the strenuous objections of landowners
because a simple majority of their neighbors voted on it.  Oh, and moving
isn't a practical suggestion, either.  How do you know that the area you are
moving into won't EVER have an HOA?  The only solution is to make HOAs
illegal, period.  -Dave

 Ted B. wrote:

Not going to happen, Ted - Dave.  The vast majority of residents who
live in HOA's wouldn't be without them.  That is why they exist.