This is the whole premise of the post, though. You build it without approval. The bats move in. The HOA demands removal of unapproved structure. Bats are federally protected so they can’t.
Can’t the HOA still fine you every day that you don’t comply? The fact that you aren’t allowed to remove it due to federal law, doesn’t necessarily invalidate your contract with the HOA. Sounds like a recipe for needing lawyers and court dates
I would guess there’s some boilerplate legalese in the contract saying they can’t force you to do anything illegal, like a saving clause or severability clause. 🤷🏼♂️
Doubt it. There’s a clause in mine that says basically the officers of the organization are indemnified except in cases of gross neglect or intentional wrongdoing.
You accept the covenants of the HOA when you move in, and structures like this take time to build and also to be inhabited. Any HOA that is actually going to enforce against unapproved structures will serve you notice to remove long before the first bat bat moves in.
That makes me think it’s probably going to be on you to pay some hefty fines if you decide to ignore the removal order. As to what eventually happens? Idk IANAL, but it wouldn’t surprise me if you had to make continued renovations to bring said bat roost into the character and style of the neighborhood or something else wacky.
US contract law provides that any portion of a contract which does not serve the public interest is unenforceable, which usually applies in cases where compliance with the contract would violate the law in some way.
This makes the HOA order illegal. The resident can then countersue for any lawyer fees etc.
Honestly I am sort-of grateful for the idiot land developer who is trying to build an apartment complex next to my small HOA. A large portion of the land is next to a stream and wildlife preserve and can’t be legally developed. The idiot keeps trying to push through exceptions etc. It’s kept the HOA fully distracted for the past decade. The developer almost got it through once by bribing the city council. The courts shut it down before construction could begin. All of the city council lost their seats in the next election because of it and other sketchy activities.
Yeah, you can’t just build a structure. It likely has to be approved by the board, so anything you build without approval is subject to be removed.
This is the whole premise of the post, though. You build it without approval. The bats move in. The HOA demands removal of unapproved structure. Bats are federally protected so they can’t.
Can’t the HOA still fine you every day that you don’t comply? The fact that you aren’t allowed to remove it due to federal law, doesn’t necessarily invalidate your contract with the HOA. Sounds like a recipe for needing lawyers and court dates
I would guess there’s some boilerplate legalese in the contract saying they can’t force you to do anything illegal, like a saving clause or severability clause. 🤷🏼♂️
Doubt it. There’s a clause in mine that says basically the officers of the organization are indemnified except in cases of gross neglect or intentional wrongdoing.
You accept the covenants of the HOA when you move in, and structures like this take time to build and also to be inhabited. Any HOA that is actually going to enforce against unapproved structures will serve you notice to remove long before the first bat bat moves in.
That makes me think it’s probably going to be on you to pay some hefty fines if you decide to ignore the removal order. As to what eventually happens? Idk IANAL, but it wouldn’t surprise me if you had to make continued renovations to bring said bat roost into the character and style of the neighborhood or something else wacky.
US contract law provides that any portion of a contract which does not serve the public interest is unenforceable, which usually applies in cases where compliance with the contract would violate the law in some way.
The fact that a contract has a clause does not make the clause legal, or enforceable.
This makes the HOA order illegal. The resident can then countersue for any lawyer fees etc.
Honestly I am sort-of grateful for the idiot land developer who is trying to build an apartment complex next to my small HOA. A large portion of the land is next to a stream and wildlife preserve and can’t be legally developed. The idiot keeps trying to push through exceptions etc. It’s kept the HOA fully distracted for the past decade. The developer almost got it through once by bribing the city council. The courts shut it down before construction could begin. All of the city council lost their seats in the next election because of it and other sketchy activities.
You can’t remove it, but can they still give you a $1000/ day fine?
Contracts that require violating the law are generally unenforceable.