A COUPLE who sold part of their property to the city is fuming after a homeowner’s association took advantage of the now publicly owned space.
Shibu Samuels and his wife Betsy stepped outside their home in Chattanooga, Tennessee, one day and saw stacks of concrete bricks and a plastic safety net stationed on their property.
The Samuels were outraged at the sight after learning the Drake Forest Homeowner’s Association, which they are not a part of, was planning to install a sign on a portion of their property.
Shibu Samuels fumed, saying the sign would impact the value of their home.
However, the Samuels sold that portion of their property to the city of Chattanooga for over $113,000 in 2010.
“The property was procured by the city for the state and a federal project combined,” Shibu told ABC affiliate WTVC.
“That was the reason, it was for the benefit of the public in general.”
Shibu said the city widened the road on which the property was located.
Now, that same piece of land is the site where the Drake Forest Homeowner’s Association plans to place a sign welcoming the public to the neighborhood.
“August 10th of 2023 is when we got a phone call that, ‘Hey, we want to put a sign up,’”Betsy Samuels said.
“But the very next morning, when we woke up, we already had our land surveyed and staked.
“They did put a variant sign up here in August. We went to the meetings, and both meetings were a waste.”
The Deer Park Homeowner’s Association told the outlet they were given the green light to go ahead with construction plans by the city.
“We have been issued a permit by the city,” the HOA told WTVC in an email.
A Chattanooga spokesperson confirmed the construction plans cited the space as “public property.”
“Because the signage is on public property (the city’s right of way) and complies with zoning requirements for that public area, no special exception or variance was needed,” an email to the outlet read.
The family now fears the sign will financially degrade their property.
“Any sort of external obsolescence is going to affect your property value,” Shibu added.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
