common area bulding

Started by SusanW3 • 6 replies • 1223 views

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SusanW3 (North Carolina)
Posts: 1

Posted:

Our board just approved a 38 foot long and 10 feet high shelter to be built this Spring, right over our back yard fence. We are concerned with the noise level, and our very upset about the beautiful view being blocked by the shelter. Our new view will be a roof. Do we have any rights? We live in Huntersville, NC.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Did you attend the meetings and object?
Do you feel this lowers your property values/
Anyone else affected by the view?
What other options ar there for the building?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Visit the code enforcement officer of the town. See if they have a permit yet. Get a copy of the codes, you might find something in there.

MaryA1 (Arizona)
Posts: 388

Posted:

Susan,

If your CCRs do not say views are protected then yours is not. Just because you had a beautiful view when you purchased your home does not mean it will be there forever. We had a quiet backyard when we purchased our home but now hear traffic noise because the road behind us is being used more than it once was. Things change!!

But, one thing you may do is call the city/county code office to find out what the requirments are for building, i.e. setback and height requirements. The HOA can have more restrictive requirements but they cannot be in violation any city/co code requirements.

AdrianaS (California)
Posts: 48

Posted:

MaryA1;
I first have to thank you, for educating in many issues. So I really would like to know how you would interpre from our old CCRs, "the appearance of the building is not to be changed in any matter" I believe the structure of the building, but if you place a few bricks by your door to cover dirt of grass? would you consider it as appearance of the building or the landscaping?
Your opinion is appreciated...thank you

MaryA1 (Arizona)
Posts: 388

Posted:

Adrian,

Thank you for the kind words.

I would interpret that to mean that the look of the building cannot be changed, i.e. if brick it must remain brick; if painted green, it must remain green, etc. Of course many BODs put their own spin on this and there usually isn't much you can do about it. Also, to change the "appearance" usually requires the approval of the BOD or the A/C committee. My philosophy is, when in doubt always ask if approval is required before doing anything!

AdrianaS (California)
Posts: 48

Posted:

agreed. Happy Thanksgiving.

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