A HOMEOWNER has put her home up for sale after her HOA filed a lawsuit against her.
Carol Hanquier was sued over the location of her pet fish on her property.
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Hanquier said he put two fish ponds in his garage to help with his anxiety and health.
The owner explained that she has been disabled since a car accident in 2008.
Hanquier, who lives in Greenwood, Indiana, outside Indianapolis, said she has lived in her neighborhood for two decades but was ready to pack up and leave after an HOA fight in 2018, according to the ABC affiliate WRTV.
The owner said she installed the ponds to help with noise from neighbors.
“We wanted fish and fountains to try to block out some of that noise and create a peaceful area around our house,” she said. WRTV.
“I go out, I feed my fish, I take care of them. I sit near the fountains.
“It’s the only place out there that can sometimes be relaxing.”
His HOA, Silver Springs Homeowners Association, said the location of its ponds violated neighborhood covenants and added that it had not sought permission to install them.
The HOA filed a lawsuit against her in May 2018 and said she refused to move her ponds, according to documents seen by WRTV.
Silver Springs HOA also added that its facilities were considered above-ground pools.
According to their rules, the ponds had to be moved from their driveway to the backyard.
Hanquier said he planned to sell his home and move in response.
“We are being forced out of our home and they want us to leave by August 10,” Hanquier said.
“They did nothing but harass, coming to our house four times a week to inspect.”
What is an HOA?
One in five Americans lives in an area with a Home Owners Association – or HOA. But what exactly do they do?
- An HOA is a homeowners association – an organization that aims to maintain a clean, cohesive place for its residents to live.
- Entire neighborhoods, subdivisions, condominiums, single-family homes or townhouses within “a planned development” will often constitute an HOA.
- They also serve as a regulatory body for the tenants, who manage and finance the HOA through monthly fees.
- Its main goals are to keep the community functional and visually appealing and maintain property values.
- They focus primarily on a neighborhood’s common areas, like roads, parks, and pools — but they can also stipulate what residents can do with their property, like yards and sidewalks.
- These restrictions often impose uniformity on properties, for example, ensuring that most houses look the same and that all sidewalks are free of weeds.
- An HOA Rule Book of Covenants, Conditions, and Restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Violating 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 restrictive, or that the leadership has too much power.
- But other HOAs like this give communities the power of self-government and can ensure a degree of harmony among residents.
An attorney for the Silver Springs HOA, Scott Tanner, said Hanquier was not forced to move.
“August 10, 2018 is simply the date they need to file their response to the lawsuit,” Tanner said.
“No one asked them to move.
“The Association’s lawsuit is simply challenging your ability to maintain fish tanks in your garage.”
It is unclear whether the process continued and whether Hanquier moved or stayed.
The US Sun has reached out to the Silver Springs Homeowners Association for comment.
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This story originally appeared on The-sun.com read the full story
