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GarryC (Pennsylvania)
Posts: 1
Posted:
I have question concerning enforcement of the bylaw or CCR's. A homeowner just recently put up a rubbermaid shed next to their deck. The board had recently did their annual walk around and did not write a homeowner who had a shed of the same dimensions for a violations. There were several homeowners who had sheds (of a variation of different sizes)and also were not given notice of violations, even though the bylaws prohibit sheds. Previous boards allowed it and it was even published in some newsletters but no sizes were given. the community has a townhouse who change the front and has differetn type windows, a townhome made a walk out basement that didn't have one (it doesn't look like the others either) These were done with or without permissio, no one knows. I believe the board must be consistent and treat every homeowner the same. What is the answer?
DennisT (Ohio)
Posts: 109
Posted:
Garry

What's the answer? Before we can help you we have to know what the question is. As far as I can tell you just made a statement without saying what the problem is.

Long story short is that the board should pursue all violations. The board is supposed to uphold the documents and if they say no sheds then it means no sheds. The board cannot allow what the CC&Rs prohibit so the actions of the past boards are irrelevant. The current board has every right to pursue violations, and if they don't it's time to vote in a new board that will.

However the documents exist to serve all the owners and not the other way around. If lots of people have sheds and others are interested in them (or at least don't care if their neighbor is) then it's time to amend the documents to remove the restriction or put construction requirements in place.
SharonB6 (Pennsylvania)
Posts: 70
Posted:
Obviously I can't state what your declaration and bylaws state, but in our architectural control documents they have the right to approve or deny any aesthetic changes despite any previous decisions.

However, if it stated in the declaration or bylaws then obviously that is what must be followed.

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