covenants not enforced

Started by JackB9 • 7 replies • 1892 views

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JackB9 (Michigan)
Posts: 5

Posted:

i was planning to put up cabin in mi

one of the covenants is 6/12 pitch mine will be 5/12 pitch

i realize i am violation

it seems to be most people are in violation of covenants one way or another

IE houses need to be 1500 sq feet my neighbors is 900

one of the board members in violation with respect to living in his unfinished house ( against covenants)

subdivisions taking place against rules

so i took upon myself to tell board i am not following covenants as well

they have issued a restraining order

any thoughts

RogerB (Colorado)
Posts: 5,067

Posted:

Jack, comply with the Covenants.

DanielH1 (California)
Posts: 482

Posted:

Obey the restraining order.

"Everybody violates so it's ok if I violate" is a common but lousy defense.

TishS (Washington)
Posts: 116

Posted:

I agree..follow the rules. Have you tried to get them to approve a variance?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jack,

I suggest your re-read the restrictions to make certain the roof pitch cannot be more than 6/12 and homes cannot be over 1500 sq. ft.

When you live in a s/d governed by deed restrictions (CCRs) you are obligated to obey them, regardless of whether or not your neighbors have violated them. You don't know that these other violations are not being handled or that variances have been granted. Your only concern should be what you are doing on your property.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Follow the rules ... but you can also check with local government building codes and make sure that your HOA documents do not violate any building codes. Also, check your state HOA statutes because in CO if a rule is not followed and nothing is done within one year to correct the violation the rule then becomes null and no longer a violation.

JackB9 (Michigan)
Posts: 5

Posted:

that is a awesome idea

thanks

MaryA1 (Arizona)
Posts: 7,043

Posted:

Snake,

There have also been court cases that ruled against the member who was claiming they did not abide by the restrictions because a neighbor was in violation. Just because your neighbor has a swingset in his backyard that is 1' above the wall doesn't mean the board must allow yours to be the same height. You do not know the details of your neighbor's swingset -- perhaps the developer approved it. Knowing for certain selective enforcement is happening is one thing but just "thinking" that is happening is another. Violating the ARC requirements because you "think" other members have done the same and gotten away with it is not the right way to go. The OP must follow the ARC guidelines whether other members have done so or not. To do otherwise will get him in trouble, as it has. We don't know that selective enforcement is occurring in the OPs assn. We don't know what the circumstances are regarding the other members whom "he" says are in violation. All we know is that he said he is in violation and the BOD has issued a restraining order against him. What else would you tell him except that he is obligated to abide by the ARC guidelines regardless of what other assn members have done?

Why should the OP ask to see the A/C requests to find out if variances have been granted for those properties he "thinks" are in violation? He didn't even ask for a variance for his project; he just went ahead and built as he wanted. He is in violation of the ARC guidelines and that is all that matters. Perhaps if he had asked for a variance it would have been granted. You can't say selective enforcement is occurring w/o knowing all the details.

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