Building Issue

If a former architectural committee approved a fence that the new committee under a new board finds violates city building code, what should be done to correct the situation if the fence is near completion? What if the new committee chooses to look the other way ("not on our watch"), not wanting to be the enforcer of corrective action?

Why are your fence code restrictions LESS than the city codes/

Sorry, Steve, but I must disagree with you. First of all the city may not require a permit to build the fence. But secondly, and most importantly, the BOD should not have any rules that violate city code. It is their resp. to abide by city code, just as they must abide by State and Fed laws that apply to HOAs. Now, unlike State and Fed laws, HOA rules may be more restrictive than City code, but they cannot be in violation of it.

Steve,

While it's true we may not know what really happened, we can only comment on what the OP has written. In this case, the OP stated the fence was approved, is now under construction and the new BOD can see that it is not being built to city code specs. This tells me that the HOA approved a fence in violation of the city code. If the fence was being built differently than it was approved that would be a different story.

The OP did not say how the fence violates city code; whether it's too high ot too close to the property line. But, if the city were to require the fence be rebuilt according to code, IMO, the HOA should pay the expense. As I said in my earlier response, the HOA cannot have a rule that violates city code. Since they made the rules and approved the request to build the fence they must foot the bill for their error.

It would be similar to a house expansion. If a HOA approved a addition of a larger kitchen for a homeowner, the HOA responsibility stops there.

If they didn't do something to code like plumbing, electrical, building standards, etc, its not the HOA problem. That is between the homeowner and the city.

Not always. In my city you don't need a building permit for a fence, but you still need to follow the fence restrictions the city has.

Nope. That's why your tax dollars pay for city code enforcement officer maybe several. It has nothing to do with your board members. Its crazy to expect a board member to know everything a code enforcement officer knows.

Hi all,
Our attorney advised us to include the following on our ARC/ECC forms:

NOTICE
By signing below, I understand that approval of my proposed improvement by XYZ on any ECC form does not mean that my improvement meets the requirements of Worcester County Code. It only means that my improvement meets the ECC GUIDELINES for XYZ.
I understand that I, the property owner, am solely responsible for contacting the County to obtain any zoning approval and/or building permit that may be required for my improvement. I also understand that if my project requires a permit from Worcester County, a copy of the required permit will be submitted to the office BEFORE any work is started. Applicant certifies that improvement will not violate any setbacks, laws, ordinances or statutes, nor encroach upon any easements or rights-of-way-whatsoever.

He said that this will NOT hold the association responsible for any county violations.
Some of our guidelines are more restrictive than the county code....but not more leinent.

Any comments regarging attorney advise is appreciated.
Thanks,
Barb

Barbara,

The notice your attorney has suggested be included on the ARC approval should get the HOA off the hook should something be built that is in violation of co. code. However, although the HOA restrictions can be more restrictive, the BOD should be careful not to allow something that is in violation of co. code.

No HOA, ARC, etc. is responsible for interpreting or enforcing city, county, or state bldg. codes or (likely capable of) making construction engineering decisions.

We all know the committees are comprised of layman volunteers whos primary resp., generally speaking, is to maintain harmony or continuity in the appearance of the community.

Thus the (appearance) specs. are very high level such as color , material, or height, etc. not what size nails should be used or the like.

Enough bickering about this and that already... really.