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A 90-YEAR-OLD woman was left saddened after her homeowners association tore down her fence and billed her for the job.
Sylvia Hackbarth lives alone in her condo in the Kames Complex in Stow, Ohio, just outside of Akron, so to feel more secure, she had a fence installed for privacy reasons.
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Edward Davidian, who lives next to his elderly neighbor, does a lot of handy work for her.
“I get her paper, I get her mail, I put the patio in, put the bushes in, I try to help her,” he told CBS affiliate WOIO.
Davidian said he and Hackbarth both applied for city permits to install the fence on their properties.
“I’m exposed here to everything that goes by. The dump truck when it comes to pick up the garbage, the people delivering orders that have come,” Hackbarth told the outlet.
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Davidian said the city of Stow accepted their applications, and they fired off their plans to build the fences to the Kames Complex HOA.
However, soon, Hackbarth began receiving letters from the HOA warning her to remove her fence, or it would be torn down, and she’d be fined.
The notices said her fence was not approved, something Hackbarth was unaware of, according to WOIO.
“They sent me a letter saying your fence is approved,” Davidian said.
“I assume they sent her one, so I went down and got the city permits, and her fence came out about four feet.
“We just added six feet of fence, and while the carpenters were doing mine, I had them go ahead and do hers, and then I painted, and that was it, and then she gave me the letter that they were coming to cut it down.”
City documents reviewed by the outlet showed Stow approved Davidian and Hackbarth’s applications.
However, on October 21, the Kames Complex HOA came with saws and tore Hackbarth’s fence down but left Davidian’s intact.
‘PATHETIC’
“Then Monday came, and I heard the saws, and I came outside, and they were cutting the fence,” Davidian recalled.
“Pathetic. They have never done anything like this.”
Davidian said the HOA fined his elderly neighbor $1,000 for the work.
“They’re going to charge her $1,000. It didn’t cost me $1,000 to build it,” he fumed.
Hackbarth said she was saddened by the situation but vowed to fight.
“It’s very unsettling to feel as though you’re not in control of the property that you paid for,” she told the outlet.
“I think they think I’m not going to do anything, you know?
“I’m really saddened by all this. This is my home. I’m in my 90th year, and I really hadn’t expected to have to move again, and I hope I don’t have to.”
The Kames Complex did not immediately respond to a request for comment from The U.S. Sun.
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.
