Posted: 6/19/2006 8:51:59 AM EDT
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I live in a neighborhood with about 125 houses +/-. I've lived here since 1994 and in that time, 4 houses have had outside sheds installed on their property, although the HOA rules forbid such structures (see actual text below). I just got a HOA letter informing me that I'm in violation and that I need to fix it or face fines and/or a lein. I have no idea if the other 4 homes received the same letter in the past or not; but I do know that a) at least two of the homes have sold at least once since the original shed was installed and b) all sheds are still there. Advice, comments or suggestions? Here's the actual language of the restrictions: "C-8 TEMPORARY STRUCTURES. No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuildings shall be permitted on any lot at any time either temporarily or permanently." They quoted two other sections of the restrictions, but I don't recall which ones they were; I'll post when I can. Thanks, Merlin |
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Yeah, I have the same restriction in my development. However, not one person has one. My deck has about 6 feet of head clearance. I'm considering digging out another two feet and closing in the underside of the deck. It's not a sepearte structure so I'd be good to go. edit to add: People have built in-ground pools in their backyard and couldn't install a sepearte "pool house". |
There are the key words if you have to fight. I would suggest that you go to the next HOA meeting and see if you can resolve this. Patience and cooperation can go a long way. |
| I really feel sorry for people who are subject to HOAs. I personally can't imagine spending hundreds of thousands of dollars on a home just to have someone tell me how to use/live in it. I know they have some benefits, but to me the bad outweighs the good. I will never again live somewhere there is an HOA. (you can probably tell I have had some run-ins with HOAs). Good luck on your battle, but in my experience they always win. end of rant... |
I agree....pro's vs. cons. The development next to mine doesn't have an HOA. Sure as shit, some creative type painted his 3200 sq foot house PINK....I mean Pink Pink. |
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Ok, here's a copy of the letter, personal info redacted: June 10, 2006 [Merlin and Wife] [address] Dear [Merlin and Wife] It has been brought to the attention of the [subdivision name] HOA that your property, specifically the temporary structure in your backyard, is in violation of the subdivision covenants/restrictions. I have verified this concern that was expressed to the ADHA board. The concerns have reference to the subdivision covenant restrictions, which state in part: 1) Land Use and building type: "C-l LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. There shall not exist on any lot at any time more than one residence. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than three cars." 2) Architectural Control: "C-2 ARCHITECTURAL CONTROL. For the purpose of insuring the development of the lands so platted as an area of high standards, no building, structure or other improvements shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure has been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design and colors with existing structures ...." 3) Temporary Structures: "C-8 TEMPORARY STRUCTURES. No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuildings shall be permitted on any lot at any time either temporarily or permanently." The [subdivision name] convenants/restricitions mentioned above apply to all [subdivision name] residents and may be viewed at [subdivision web site]. Our interest and desire in pointing out these deficiencies is to maintain the community standards that attracted us all to this subdivision, to protect community interest, and to maintain property values across the whole [subdivision name] community. Your prompt attention in addressing these concerns stated above is much appreciated and necessary to avoid potential fines and liens against your property in the future. Please feel free to call if you have any question concerning this letter (phone number]. Thank you in advance. [HOA president name] A couple things: Note that they specifically state that all covenants/restrictions apply to all residents; which is untrue since there are at least 4 other homes with temporary structures (i.e. sheds). Also note the reference to the Architectural Control committee. Is this to imply that I should ask for permission to have the shed and therefore I'll be OK? Why else would it be quoted in the letter? Just so you know, the reason I posted this here, instead of the GD area, is that I wanted legal opinions, not just opinions on HOA's. Thanks, Merlin |
It prevents pink houses and 10 cars in the front yard. Mine includes a pool and spa that I don't have to clean. HOA really doesn't have much teeth. Go to some meetings and you quickly see how full of shit they are. People lose their minds when they are sent a letter. Just take a deep breath. If you buy the right person some drinks, all your problems will be instantly solved. 
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I agree they have good qualities. However, why should I have to bribe, soothe, or justify to someone what I want to do with my own property? I moved out of the barracks long ago...for that reason. They do indeed have teeth, in most states they can place a lein on your property in the amount of their bullshit, mickey mouse fines. In the interest of keeping your shed, I suggest you follow wildearp's advice though. Possibly talk with some other shed owners and see how they went about "legalizing" their shed. |
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State laws vary. In Louisiana, if rules have not been enforced, they are void. Hate to say it but looks like attorney time if they get too uncooperative. Usually here, one attorney letter settles the matter. Try nice approach first. Then yell discrimation, lawsuit, etc. |
I'm w/you here... we pay over a grand a year in HOA dues and all they really seem to do is write us nasty letters if our trash bins are on the curb too long on trash day. |
Abide by the regulations, clean up the structure, then report the other houses to the HOA. If nothing haoppens, sue, maybe get some of your neighbors to chip in for the lawsuit costs. If nothing happens, get a bunch of your like minded neighbors to vote one of your like kind to the board and when accomplished, start slapping violations on the 4 perps mentioned above. |
I strongly DISAGREE. The last thing I want is some @$$hole neighbor building the Taj Mahal in his yard right next to mine, shading my yard and forcing me to look at some hidous structure. I bought a home with an HOA for this reason. If you don't like it, then move ! Better still, read the HOA agreement before you buy. Duh 
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Good fer you! I didn't like it and I did move. |
I'm up with that. The biggest problem I have with HOA's is people who move into a 'hood that has a HOA and doesn't abide by their rules and bitches about them. If someone'e putting a quarter milion plus towards a house and then buy it, tey shouldn't act surprised when they do something that violates the HOA regs. They should do their homework. It's just like someone from a Red state to Kalifornia and bitching about how much the gun laws against AR15's and hi cap magazines suck. |
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Coulda swore this was the "Legal" section vs. GD. Posted here since I didn't want to get into a "anti-HOA" fest. Already consulted with an attorney, still waiting on an answer. I've always complied with the HOA restrictions because that's part of the contract that I signed when we bought the house. But, after +6 or 8 years of other people having a shed, it would appear the "no temporary structures" restriction is now null and void. Pretty difficult to selectively enforce the rules after the fact. Thanks, Merlin |
| Usually there is a president or rep for the HOA. If you talk to him and point out the fact that others have sheds, maybe he can tell you what the procedure is for getting it approved. Usually once attorneys get involved it is hard for the parties to fix it on their own. |
The letter came from the President of the HOA. I do plan to point out the fact of the other sheds, but I want to have my ducks in a row and I need to talk to a couple of the shed owners and see what they had to do first. I'd hate to ask for "permission" then get denied. Thanks, Merlin |
What if you get the answer "They have all been notified to remove theirs too."? |
They've all been there for +6 years, some longer. At least two have changed owners, so any liens had to be cleared before the sale went forward. Not saying it's not possible, just not likely. But I don't really know what happened to any of them yet. One of the shed owners is a lawyer and her son is my son's best friend, he's over all the time. I'm waiting to hear from her on what happened, if anything, with their shed. Like mine, it's visible from the road, so they can't use the "it's not visible from the road" reason as to why their's is OK and mine isn't. Stay tuned. Thanks, Merlin |
| As already mentioned, look for the statute of limitation. In our last neighborhood there was a limitation period of one year. For example, one guy kept a commercial vehicle (HVAC company) in his driveway. He’d parked it there every night for more than a year. Since no one did anything in that time the HOA attorney said it was now off limits to the board to enforce. Not sure if that was a state of Georgia thing or something in our covenant’s bylaws. |
As near as I can tell, there is no statute of limitations. I'll look again. Thanks, Merlin |