Square footage of home

Started by LindaC3 • 3 replies • 1706 views

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LindaC3 (Florida)
Posts: 526

Posted:

Good Day Group-- I need some input with regards to the square footage of homes... I have asked our BOD why our Deed Restrictions under building controls does not contain verbage with regards to the minimum size of home that we are required to build when we purchase our property..The answer I recieved was that it is a RULE.....And RULES can be changed at any time....My next statement was how could you make it rule subject to a whim to be changed at any time? So if someone spends bookoo bucks to buy land and thinks they only have to build a min 1500 sq ft weekend home but you change the rules next week to increase it to 2000 sq ft- that's not fair.....I have researched many HOA documents and they all have the sq ft requirements in their Deed Restrictions....My question to the group is----- If it a RULE and not a DEED RESTRICTION is it enforceable if when I purchased the rule was 1500 sq ft but when I got ready to build they upt it to 2000 sq ft??? In Florida building depts are prohibited from enforceing HOA requirements and must give the person a Building permit....Please help with comments and HAPPY HOLIDAYS....Linda C

BrianB (California)
Posts: 2,820

Posted:

you raise a good question, and i have no experience or expertise in this area. So thankfully, nothing to bar me from giving my uneducated, and valueless opinion:

I would say that as a rule of thumb, anything in the CC&R's should be enforceable to everyone from the moment they sign on the dotted line. Rules, and such things made by a board (and not a full membership), should be enforceable to that point forward only, ie, they should have a grandfather clause.

Your mileage may vary, batteries not included.

ChadK (North Carolina)
Posts: 43

Posted:

The CCRs that you have are considered by the court to be a "private contract". Just like any other contract, they cannot change the requirments (or encumber) your property more than what was in the restrictions the day you bought your property (contracts work both ways). If the declaration says the Association may increase the yearly dues or fix fines, manage the commoin elements etc.. that does give some lee way to what they can do. But there is not a court in this land that would not let you build a 1500sq ft house on a property that you bought, if at the time of closing you were allowed to build a 1500sq ft house. Suppose that you built a log home on your lot....5 years later they make a new rule that says "no log homes" do you have to tear it down and build something else? OF Course Not!

I am not a trained real estate person, I am not a lawyer. I am just a homeowner in an out of control Association. I have researched HOA, legal rights of homeowners in HOAs ad nausium. Bottom line...they can't do anything to you that you didn't agree to (by accepting the deed you agreed to the CCRS in force at the time) anything else,your property rights and the Constitution will protect you.

RogerB (Colorado)
Posts: 5,067

Posted:

Linda, you bring up a good point. All Declarations should have limits on square footage for one and two story houses. If there are homes already uilt which have less than 2000 sq ft and the Rule was 1500 sq ft when you bought your lot I think you have the right to build a 1500 sq ft house. If all homes are 2000 sq ft or more than they association may have some limit argument in court for requiring a minimum of 2000 sq ft.

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