HOA Power Bows To Totem Pole

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by ISRAEL BALDERAS
Bio | Email | Follow: @israel_balderas by PHOTOJOURNALIST TIM MULLICAN

HUNTERSVILLE, NC - A family in Huntersville got creative with what could have been an eyesore.

A decorated tree stump is becoming a symbol in the fight against homeowners associations in North Carolina.

"Either one or both of the kids started talking totem pole," said Dan Ruffalo, "and I let the idea go at first."

With two teenagers and a dead tree in the front yard, creative minds took over.

"We were bored one day," said Dan's teenage daughter Danielle, "and we thought, 'lets just go outside and paint the tree and see what happens.'"

What started as a totem pole, became a turkey on Thanksgiving, an elf during Christmas, "then we're big, huge football fans," said Dan.

That meant having a life size Super Cam in the front yard.

"I've seen Cam Newton," said FOX Charlotte reporter Israel Balderas, "I think he's just as big."

"He's probably taller then that," said Dan, pointing out that neighbors think the dressed up totem pole is a great idea. Sometimes people stop by and admire it.

"I see this little lady on the ground," said Dan's teenage son Kyle, "and then she turned around, (and I said) 'dad, does that girl have a camera?'"

But not everyone got the totem pole humor.  Someone in Dan's neighborhood complained to the homeowners' association board. They, in turn, had their management company send a letter, respectfully requesting that the dead tree be removed.

"Not to hear anything from anybody and then just to get a letter saying take it down, it was kind of, seems kind of impersonal," said Dan.

And without the power to enforce such request. The Ruffalo's and totem pole reside in the Greenfarm neighborhood, which has no HOA restrictions. Next to them is the Hamptons - with tough HOA bylaws - and the group responsible for the removal request.

"I can read a document and if says 'I don 't have the authority' what makes me think I can do that," said real estate broker Jim Lane. "It is what happens with HOA boards."

Lane has been trying to reform HOA laws and regulations, even testifying before the North Carolina General Assembly.

"The laws are not at fault, it's the way they're interpreted and the way they're regulated," said Lane.

Since the Ruffalo's don't have to take down the tree, the kids will now decide what it looks like year round.

"We usually don't tell people before," said Danielle, adding it's a surprise. "Yep, pretty much."

There is no state agency that oversees homeowners' associations. Jim Lane plans to testify about this and other HOA concerns before Charlotte City Council on February 27th.

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