NORTH CAROLINA – Residents take HOA to court – and win

The Herald Weekly:  Residents take HOA to court – and win
By Sarah Obeid
July 17, 2014

HUNTERSVILLE – Sam and Gay Fragale, residents of NorthStone Country Club, never had a problem with the neighborhood’s homeowners association until they were forced to file a lawsuit to restore their property value. After almost five years of going back and forth with the HOA, the Fragales now have the view of the golf course they have wanted since moving into the neighborhood in 2003. “We chose our house and NorthStone because we are golfers and loved the view of the 10th fairway and hole,” Gay Fragale said. The backyards of the Fragales and their neighbors, the Hutchinsons, are directly on the NorthStone golf course. According to the Fragales, the Hutchinsons put up a screen of trees on their common property line at the end of 2005 or early 2006, which grew to completely obstruct the Fragales’ view of the golf course.

Based on the NorthStone HOA Architectural Control Committee Design Guide, “Golf course lots shall have an unobstructed view of the golf course along the side yards as viewed from the street. The covenant also states a setback line of 30-feet from the rear lot line of the golf course lots for all improvements to the lot shall be established for the purpose of creating a natural viewing (passageway).” The Hutchinsons received approval to plant some of the trees, but the approval of the trees they requested did not match what they actually planted along the property line, Gay Fragale said. “The Hutchinsons got approval to plant shrubs and bushes, but they planted trees that were 25-feet tall. They put up Leyland Cypress trees that are not appropriate for this type of community based on its location between homes on the property line,” Sam Fragale said. “It blocked our view, and we became aware of how much it devalued our property.”  Read more:

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