Require Homeowner to Obtain Signatures for Outbuilding Project

Hello,

I have been a long time reader of these forums and now have a question of my own. Under what conditions, if any, can a Texas ACC require that a homeowner obtain signatures of neighbors to have an outbuilding put on their lot when no such language exists in the CC&R's or in any architectural guideline?

Thanks in advance,
John

Around here, if you pull a permit for a building or landscape project, the neighbors within 300 feet are all sent a copy of your plans. They can submit objections, if they want. But this is done by the muncipal government, and costs the homeowner nothing.

Your rule is a lot to ask of a homeowner. It gives a lot of power to neighbors.

When did they pass that "rule"?

Donna,

The decision came from the ACC committee. There are no restrictions in the CC&R's that require any homeowner to obtain signatures. Their is a Guideline document that was created some time ago. That document also does not mention anything about such signatures. The CC&R's state that the materials must be of the same character as the home and of the same architectural character.
The guideline does have a section for "Sheds". In there it states that it cannot be taller than 8 foot. Since that document has been passed, outbuildings have been approved at 11 feet and there are a number of other outbuildings that are taller than 8 feet. When I inquired with the rest of the board members, I was told the outbuilding was approved as an 'Addition' and so it did not need to follow the "Shed" section of the guidelines and since the guideline didn't address 'Additions' that the ACC has come up with this criteria. In addition to this they are requiring the homeowner run a water line to the building in case future residents would like to have water in the building and is requiring that they install 8 foot trees in around the building.

On the face of it, I think the ACC is creating a liability for us and I believe they are putting burdonsome hurdles on the homeowner. Because of their dislike for the homeowner.

Here is the part that as a board member and homeowner incenses me. Our HOA has 3 sections. In 2 of our sections the CC&R's clearly state this that no outbuilding taller than 6 feet will be allowed if it is visible from adjoining lots or streets. There has to be at least 20 outbuildings that I can see in those two sections from the street (most at 8' but many that are taller). The section that this homeowner lives in, my section too, does not have such restrictions in the CC&R's.

I was hoping to find a precedent or property code law that would help me help the homeowner since the majority of the board is sympathetic to the ACC generally unless one can show them how they would be violating the law and thus violating their By-law obligations to see that the law is followed.

Thanks for any other advice.