A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Return to Topics List

Problem with ARC and Neighbor Shed: The attachment to this posting is for the ARC Application -- I will post the shed pictures under the next posting

Started by DianeR29 replies • 2755 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DianeR2 (Virginia)
Posts: 5
Posted:
I would greatly appreciate any suggestions anyone has to offer on this one.

My community is in an HOA. In order to have a shed, we are required to submit an application to the ARC (Architectural Review Committee). Our next door neighbor submitted such application back in Feb/March of this year. Part of the application required signatures from neighbors, we signed off on it. We knew where the shed was going to be placed, but did not realized, until too late, that the shed doors and angle of the shed would directly face our house and not theirs.

I have included the pictures for your review. The first picture show the shed in the middle; my house is the red brick; my neighbor's house (the shed owner) is the white house. The second picture shows what I see when I pull up my garage and from the street. Friends and other neighbors think that this shed belongs to me.

Please see the 2nd attachment. Please note the highlighted portions of the shed application to the ARC. I do not feel that this shed is "designed to respect the visual rights and aesthetic interests of [my] property....[in its placement] as it relates to...[my] home." (this is the language from the 1st highlighted portion of the attached shed application) . Additionally, this shed is not "minimally visible by [me]." (this is the language from the 2nd highlighted portion of the attached shed application).

I have asked my neighbor if they could turn the front of their shed to facing their house and not mine. I have told them that I respect the fact that they should be able to do what they want to with their property and that i do not have a problem with their shed being where it is, just with the fact that it is facing my house. They refused to turn it.

I have brought this matter up with the HOA/ARC, but they said that since the neighbor went through the application process and it was approved, there is nothing they can do about it.

Any advice would be greatly appreciated.
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄184511944271.pdf(69 KB)
DianeR2 (Virginia)
Posts: 5
Posted:
Here are the pictures of the shed
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄18452473971.pdf(69 KB)
BrianB (California)
Posts: 2,820
Posted:
to me, both attachments are the same. No pictures, just the permitting rules/text.
DianeR2 (Virginia)
Posts: 5
Posted:
Thank you for pointing out the error. Here are the pictures; since they are too big to go through one posting, I will do so in 2. Thanks again.
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄18428454071.pdf(139 KB)
DianeR2 (Virginia)
Posts: 5
Posted:
Here is the 2nd picture
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄184283710271.pdf(187 KB)
DonnaS (Tennessee)
Posts: 5,671
Posted:

Diane,

We cannot tell from the pictures about the layout of the other lot. Cannot see their house nor the boundries but that does not matter. the shed was signed off by you and the ARC. Shed is therefore legal where it sits.

Home Depot, Lowes or a local nursery will have some really awesome evergreens this time of year. I would already have been there and had a bush/tree line planted. It looks to be very wide open from your pictures so do yourself a favor, plant something and forget about stressing over something that you probably cannot change.
BrianB (California)
Posts: 2,820
Posted:
Just so I understand, the problem here is two fold

1) that the shed faces your house. You see the front of the shed, and not the side.
2) People think the shed is yours

Is that correct? those are the two problems?

DianeR2 (Virginia)
Posts: 5
Posted:
Brian, sorry for the delay in the response. Yes, those are the problems, and I also believe that the shed is in violation of the HOA guidelines and ARC application.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Diane,

I understand your concerns. However, the neighbor did go through the process and you were informed of the application prior to the ARC approval. The expect that your ARC approved the plan, partially, because there were no issues raised when it received the application. Therefore, I do not think that this is an Association issue but an issue between neighbors.

As you know, it can cost money to change something once it is already installed. A new application will need to be submitted and it's possible that a new county permit might be required.

I have the following suggestions:

1) Make an offer to your neighbor to pay for the costs to relocate/turn the shed.

2) Consider a landscape plan that might minimize the view of the shed.

Tim
BrianB (California)
Posts: 2,820
Posted:
Unfortunately Diane, i don't think you will like my answers.

The shed's facing is something you will have to live with. Tim suggests some things that might work, ie, working with the neighbor, communicating, offering help with changing the orientation, etc.. But honestly, the shed is on his property, and you will have to get used to which way it faces.

People thinking it's yours. Unfortunately, you cannot control what people think. Period.

As to the other issues you mention, if you believe it is a violation of the codes or ARC process, spell out the violation in a letter, and present it to your board.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here