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NancyD5 (Wisconsin)
Posts: 71
Posted:
Looking for your thoughts regarding this situation were having. Thank you in advance.

Background:
Our condo association is made up of 20 stand alone single family units. Development started in 2003.
Conflicts between Declarant and Developer happened and caused a lawsuit in 2009 in which the Declarant lost the 10 empty lots they owned to the Developer.
Developer immediately sold the lots to a business partner who then sold them to another developer 2 years later. The last home was finally completed in 2020.

Problem:
Our ACC recently did not approve an owners choice for a new mailbox due to it not looking residential like all the other mailboxes do.
Owner is very angry and demands that the Declarant and the Board build a mailbox house for all the units like it is discussed in our Declaration.
For whatever reason, this mailbox house was never built nor the walking path as stated in the Declaration and I'm guessing this is due to the lawsuit and all the changing of hands this development went through.
He is also requesting we tear out all the 20 mailboxes that are here because they are violations due to the fact that the Declaration doesn't say we can have separate mailboxes.
He says if we don't answer him in writing in 10 days he will contact legal counsel.
ElleN (Idaho)
Posts: 1,289
Posted:
I think the Board and HOA are in a pickle.

The best case the Board could make is to say the covenant, regarding the mailbox house, was "abandoned." The problem with such a claim is that, in general for a covenant to be abandoned, (1) many years have to pass; (2) to anyone driving around the neighborhood, it has to be obvious that the covenant was abandoned; and (3) many houses must have the separate mailboxes. What "many years" means is going to depend on case law.

At this time I think the Board's options are these:

1. agree to install the mailbox house.

2. turn this over to counsel and ask his/her advice. Consider how much this will cost compared to installing a mailbox house. At the same time, the Board should notify the HOA insurer of a possible legal claim.
BillD16 (Texas)
Posts: 940
Posted:
My off-the-cuff reaction to this is that the other 19 members are probably not going to be happy about losing their individual mailboxes.

Is this really a hill worth dying for? I’d let the guy have his stupid mailbox.

With just 20 units, you’ve got a good shot at getting a supermajority together to amend your governing docs.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
ElleN (Idaho)
Posts: 1,289
Posted:
Add BillD16's suggestions (let the owner have his mailbox; at some point amend the Declaration) to my list of options.

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