Covenance enforcement

Started by JeffS17 • 4 replies • 1738 views

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JeffS17 (Colorado)
Posts: 1

Posted:

Can the HOA prevent me from building a storage shed that is not allowed per the covenance when other homeowners within the neighborhood have been allowed to keep storage sheds that have been built for several years?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Hi Jeff,

Welcome to the forum.

The answer to your question is maybe.

Is the storage shed prohibited by a covenant or a guideline (there is a difference)?

If it's a covenant, then the board does not have the authority to offer any waivers.

If it's a guideline, the Board may offer waivers but typically do not.

As for the other sheds:

Were the other storage sheds previously approved?
Are the other storage sheds grandfathered due to an amendment or guideline change?
Have you reported the other sheds as a violation and if you did what was the response from the Board?

Tim

SheliaH (Indiana)
Posts: 6,964

Posted:

You may also need to check when the rule was established - if they were banned before you brought your house, you may be out of luck. The other sheds may have been built before the rule and have been grandfathered in. If so, they will have to comply with the rule if the current shed has to be taken down for whatever reason.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnB26 (South Carolina)
Posts: 1,569

Posted:

short answer = YES

CAVEAT EMPTOR

BradP (Kansas)
Posts: 2,640

Posted:

yes

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