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JoeW (Georgia)
Posts: 1
Posted:
We are a Georgia POA. A property owner wants to place a prebuilt storage building behind their house which does not meet standards contained within the covenants. However, the building would be placed on a piece of property that is not within the POA boundaries but located behind the house. In other words, they would not be putting the building on their property that is part of the POA but it would be visible and is opposed by others in the neighborhood. I'm not sure the POA should be involved since the building location is outside the subdivision. What are some thoughts by others.
BrianB (California)
Posts: 2,820
Posted:
i would tend to agree with you, if the land is NOT part of the POA, then the POA has no jurisdiction or control over it.

ChadK (North Carolina)
Posts: 43
Posted:
I agree with Brian. No power of annexation for HOAs.
HaroldS (Arizona)
Posts: 906
Posted:
Make it four. Gee Whiz. I thought I had heard everything a board felt it could meddle in. Why would your POA even be discussing this issue? As for the neighbors: that's the hazard of buying on the perimeter of the association's boundary. Harold
DJ1 (Ontario)
Posts: 798
Posted:
The POA and neighbors who have an issue with anything that is legally constructed OUTSIDE of its borders is NUTS!!! This kind of thinking is exactly why HOA/POA loses lawsuits and cost their members.

Where do they draw the line next, an POA member who owns a property outside the POA jurisdiction can do what they want with that property (so long as it complies with the appropriate other levels of jurisidiciton ie Municipal bylaws etc.

With this kind of thinking I can see there being reprisals and unequal enforcement of the CCR's against this owners property that is within the POA's jurisdiction.

If it is a concern for the neighbors they should approach the owner and see if he is willing to address their concerns as a good neighbor BUT if he doesn't want to then too bad for the opposing neighbors. Who knows, maybe the guy will try to accomodate their concerns BUT he doesn't have too if he doesn't want to. This is another reason to treat people fairly on all issues as there may come a time when you need a Homeowners cooperation to have a smooth running neighborhood.
RogerB (Colorado)
Posts: 5,067
Posted:
Joe, the POA has a responsibility to protect the property values of the homes within the POA. If this storage building would devalue these properties it behooves the POA to file a statement with and attend meetings of the Planning Committee of the County or City requesting they not approve this proposal. As a Managing Agent I have been actively involved in such actions.
BradP (Kansas)
Posts: 2,640
Posted:
Roger hit the nail on he head IMO. Work with the homeowner and the city/municipality, make your statement and case known. You have a better shot at attracting bees with honey as opposed to vinegar. Yes you have no jurisdiction, but yes there are also things you can do.

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