Legal Question in Real Estate Law in Ohio
Homeowners Asssociation forcing willful neglect of public safety
My HOA has a rule that mailboxes are to be cedar flanked. These mailboxes attract stinging/biting insectes. I had recieved a variance from the previous board two yeats ago to install an alternative mailbox that will not harbor the insects; unfortunately, they did not convey it in writing. A new board is in and prosecuting me for a violation. Since we have a mail carrier and several residents in our community that have lethal allergies to insects stings, i don't wish to install the ''standard'' mailbox that would make me compliant as there are no effective ways to reduce insects from nesting in them. The HOA board states that they we cannot ammend the declarations. Even if I simply take down my mailbox, they will continue to fine me for not having a mailbox. I am working with local government officals in attempt to get help fighting these guys but so far have not had much luck. I don't think that it should be legal for the HOA board to force people to install mail boxes that cause harm to people who come into our community. Any ideas on how to beat this?
2 Answers from Attorneys
Re: Homeowners Asssociation forcing willful neglect of public safety
Dear Troubled Homeowner: Try using TREX - a synthetic lumber, wholly resistant to insects, rodents, and even Homeowner Association officials, like yours! TREX lumber can be cut with ordinary tools, easily fastened or glued, etc., and stained to look like cedar or whatever wood finish meets their fancy. It's also readily available at your local Lowe's, or Home Depot and is not expensive. It can be cut, etc nailed, fastened just like wood, is wholly reistant to weather as well.
Happy Mailboxes. Sincerely,
J. Norman Stark, Cleveland.
Re: Homeowners Asssociation forcing willful neglect of public safety
Dear Troubled Homeowner: Try using TREX - a synthetic lumber, wholly resistant to insects, rodents, and even Homeowner Association officials, like yours! TREX lumber can be cut with ordinary tools, easily fastened or glued, etc., and stained to look like cedar or whatever wood finish meets their fancy. It's also readily available at your local Lowe's, or Home Depot and is not expensive. It can be cut, etc nailed, fastened just like wood, is wholly reistant to weather as well.
Happy Mailboxes. Sincerely,
J. Norman Stark, Cleveland.
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