Feeling like I Have No Control with My Housing Situation. (LONG)
Updated on
June 14, 2012
J.F.
asks from
Bloomington, IN
6
answers
I need to complain, vent, and get this out of my system. I feel so trapped in my housing situation.
We moved here almost a year ago. We are renting a nice home, in an area we want to stay. We will be able to buy a house at the end of the year/beg. of of next year. We have to at least wait until Nov. -- not sooner. Our lease would have been up at the end of July. Our town is a college town and EVERYONE rents their houses in August and adverstise (and encourage tenants) VERY early in the year to re-sign. We were "encouraged" to re-sign our lease 3 months after we moved in (Nov.) for this Aug. We chose not to re-sign so early....it felt really rushed and we wanted to explore our options of buying before re-signing another rental agreement. So, our landlady (who owns the house, but also runs a management company for SEVERAL rentals) advertised the house, and showed it to 3 different prospective groups of people in April. We realized that we wouldn't qualify for the amount we would need for a decent home in the area until Nov., and couldn't find ANY acceptable rentals in Aug. We also couldn't find an apartment complex (there are only 3 in the area) that were not gross and/or would sign a 6 month lease. Our daughter was approved for early K this fall with the elemetary school, and moving out of the school district is not an option. The entire thing was completely stressing us out, so we signed the lease for another year. We were thinking we would look for a house in the winter, use a couple of months to fix it up if necessary, and then move into it in the spring, hoping to break our lease then (easier to find tenants ---and we would pay the extra if we had to).
So the problem? The HOA of our rental house is building a gravel road through our backyard to get to some cemetary behind a house 4 doors down. They claim the property is "common area" and/or "right of way" to the retention pond. We've had people in our backyard off and on for the past few months, and when I've asked what is going on, I've been told different things by different people. I've emailed my landlady (calling is fuitile), and haven't been told anything. The other neighbors are just as upset with what is going on, and have been told nothing (or basically - different things like I have). I emailed my landlady again when they cut a stump out of the yard with a picture. I got a reply from her secretary saying she didn't think the landlady knew, would send the email on, but she was on vacation for another week. Then yesterday there was a truck in the yard dumping stone in the creek. I hollered from my deck, "How wide is the path going to be?" He said, "Wide enough for a truck." I was pissed (was told wide enough for a lawn mower), and turned around and went back inside (didn't say another word to him). I emailed the landlady with new pictures, and got a response from the secretary. She said the HOA lady called HER and said that the property didn't belong to my landlady, and that I am not to "disturb" the contractors any more. Whatever. I asked one flippin question to men on our property from my deck. I honestly don't believe the property belongs to the HOA. I've seen the tax records online (we were thinking of buying this house if the price was right).
So, we now have a 4 foot, gravel road being built hrough our very private feeling property (the woods create a barier to the neighboring house/farm). I feel like the road is a BAD idea. The cemetary is ANCIENT (no one even knew it was there), and access to it is much easier from 5 houses down. I feel now, that we could potentially have people pulling in there, making our property less private (why we chose to live here), and unsafe for our 2 small children.
I just can't get over the fact that my landlady is letting this happen (or at least not putting up a fight about it). I also can't get over how a few members of an HOA can make these decisions without notifying the homeowners or showing the courtesy to at least knock on the door and say, "Hey, I'm from the HOA, and we are going to be doing X.Y,Z back here. You can expect A, B, C." None of the other home owners know what is going on. Everyone is being told something different. The guys in charge seem to be making things up as they go. Very unprofessional. Ugh.
Sooooo anyway, I'm not happy. I feel stuck. I feel that I can't use my backyard as we have (one of the biggest reasons we decided to stay here and not move to a cheaper condo while we wait to buy). I'd be happy for any advice you may have. I don't see many options. Thanks for reading this VERY long post.....if you made it to the end. :)
Everley- There aren't many options for other houses to rent in the area. We are somewhat out of that window of opportunity. I looked yesterday when I had steam coming out of my ears. I'm also afraid that my landlady will be a shark with our deposits. We have A LOT down for a deposit. I'm also afraid to move the kids NEXT month, and then move again during the school year when we buy a house..... (and of course that is if we can find a place to buy).
ReverendRuby -- It's not the state building the road. It's the HOA....a total of 3-5 other homeowners in the development. They may have 25' of access here and there, but I don't believe they access ACROSS the yard to build a road. And then again, I could be completely in the wrong. But, no one has really talked to ME about it unless I've asked....and then I'm told to not to "disturb" the workers.
I know I am only renting. It is hard for me to not be possessive. We've always owned, except for the past 2 years. The last place was a townhome, and that made it obvious. This place felt like HOME the minute we moved in, and I've really wanted to buy it (her price has been on the high side for the whole area). You are right. It is better to know now, than find out after we bought it. It seems like every time we consider buying the house (talking about it with the hubs), something big happens that makes me want to run. A BIG SIGN that I should just accept. :) I think moving in a month, or out of the school district, is not really an option. My family needs a real summer to enjoy. (We moved across the country last summer.) I guess the other part of me just feels like the HOA is really doing things in the wrong, or even more importantly, going about it in the wrong way. I've never lived in a place with an HOA, and have learned that I will NOT do it in the future. And it's just hard to watch a beautiful, serene backyard being torn-up, and graveled for something that really isn't necessary....or could be done less intrusively.
Thanks for the support, suggestions, and understanding. I'm sure I'll lose my mind over it again when they bring in the heavy equipment 10 feet from my swingset, but today I'm just going to let it go. :)
More Answers
A.B.
answers from
Louisville
on
Unfortunately, renters don't typically have a voice in an HOA, and if your landlady isn't advocating for her own property, there's not a whole lot you can do.
I think in your shoes, I would find another place to live as soon as possible. If the landlady tries to be a jerk about the deposit, you can bring in all the things that were NOT part of your understanding of what to expect with the property. You can also cite (what to me are legitimate) safety concerns for your family if you have lots of people and vehicles coming and going as well as the fact that you cannot use the property as you were led to believe you could.
Don't stop looking for other places just because the normal window has passed. Things happen where people cancel or back out of leases. If you have to, talk to other rental folks and see if you can get on waiting lists just in case. You might also consider looking at houses for sale and asking the realtors if the owners would be willing to rent out. You'd be surprised how many sellers would be willing to consider it if the house has been sitting on the market awhile. Best of luck to you!
2 moms found this helpful
Report This
E.T.
answers from
Albuquerque
on
Why not break your lease and move somewhere more private? You certainly have grounds if you've taken pictures and can document the disruption it's causing to your family.
2 moms found this helpful
Report This
M.E.
answers from
Chicago
on
I can imagine how irritating this would be. But the bottom line is, you have less than a year at this property. You already said that you couldn't find another house or apartment that you were interested in or that was available. It sounds like once the road is complete, there won't be any traffic using it since it doesn't go anywhere. Unfortunately, it's not your battle to fight and this is one of the downsides of renting. Let it go and enjoy your summer with your children. Stay focused on getting your own place and learn from this experience. You'll be more vigilent when you are looking to buy your own place and will know what to be looking out for. Better that it happened now - what if you had purchased the place and then had this happen?
1 mom found this helpful
Report This
J.C.
answers from
Philadelphia
on
Perhaps the township would know what is going on. It doesn't hurt to ask them.
1 mom found this helpful
Report This
R.K.
answers from
Appleton
on
A lawyer can explain this better than I can but basically the city/county/state/federal goverment can build an access road across your property. You as an owner can not block other people access to a property. It's the same as owning waterfront property you have to access to the water which is always federal property. An owner only owns the property up to the water line. If someone wants to go swimming you can't stop them from walking across your property.
At least that's the way I understand the laws. I'm not an attorney but it was explained to me that way.
1 mom found this helpful
Report This
K.F.
answers from
New York
on
Your kids are really young which makes them much more flexible. They will get their cues from you about how to respond to the move if you move. Based on your post you need to make a decision. One thing about your way of thinking that sticks with me is how possessive you are over a place you are renting. Several times you mentioned "our" in reference to the yard and the rental. In this case taking ownership or possession of this particular property is causing you stress. The property belongs to the owner and having that minor switch in thought process will help you navigate through this situation.
You may consider gettting a lawyer specializing in real estate matters to help you navigate the possibility of breaking your lease. You also would be better served by removing the limitations on your thinking regarding the possibility of getting a better place or just a different place.
You may need to move to another town or area, be open to that possibility too. If you really want out of this situation how you think about it is the best place to begin because it has been my experience that the exit strategy was always just under my nose, in the open and plain to see but I just needed to change how I was thinking before I could see my solution clearly.