Exterior Modification

Started by DebM • 7 replies • 2163 views

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

⚡ Takes 30 seconds

Already a member? Log in

DebM (Virginia)
Posts: 2

Posted:

We have been turned down several times by the HOA manager regarding our application / request for an exterior modification (backyard patio). We are being told about rules that we did not sign for on the HOA manual we received upon purchasing the house. After waiting for a year and seeing other residents of the community having a similar modifications done, we decided to go ahead and have ours done. We're now being sent letters from the manager stating that an application was never submitted and so forth. It appears that we're being singled out. Has anyone been through a similar situation? How far are we going to be harassed and do we need to get our attorney involved.

Thanks,

Denisa

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

You are automatically a member of the HOA when you buy the house, you do not need to sign anything to become a member. You said similar modifications, but not identical. Sounds to me like they are making modifications that are allowable, but you are not.

DebM (Virginia)
Posts: 2

Posted:

It is the same modification (patio). Reason I said similar is because color and design is not identical.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Deb

If the association cares to push it, they could tkae you to court and the court could order you to remove it.

You did it without permission.

You knew you had to get it approved yet you said the heck with it and went ahead. I for one would say take you to court.

CarolR11 (Colorado)
Posts: 2,563

Posted:

So far as I know, your HOA's Architectural comm. and/or the Board approves such requests, not the Prp. Mgr. (though I can think of exceptions).

Look at your governing documents to see who has the authority to approve/not approve such changes.

BrianB (California)
Posts: 2,820

Posted:

All i can add is that you should open the lines of communication with the board/PM. Arm yourself with the rules and regs of your community, and make sure you know them well. Then, ask the PM/Board what exactly is it about your application that leads to the denial. You say "similar", but there could be very important "minor" differences that mean yours gets denied, while others seem to be approved.

1) Others could have been approved under different rules/conditions. Things do change, sometimes.
2) What you see as 'minor' could be major.. you might be too tall, not tall enough, wrong material (you chose fir, redwood is required), you may have an incorrect style, setback, stain color, house plan, elevation, etc.. You won't know, until you ask for specifics (granted, they should tell you what's wrong, but let's assume they are morons and don't).
3) Ask to see the other neighbor's plans, so you can see where you are different/out of compliance.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is the purchaser's responsibility to be informed of the HOA and it's rules. The CC&R's are PUBLIC documents. They are on file at your local courthouse in the records department.

The other people who have the similar modifications have them because they applided for them and followed the rules. The truth is that since you went ahead without approval the HOa can legally have you remove it at YOUR cost. If you do NOT and they do it, they will send you their bill. If you don't pay that bill, then they can place a lien for that amount plus legal costs.

You may threaten "selective enforcement" but it's going to be hard to prove and not a good defensive strategy. The fact is that they can prove the others did apply and recieved approval and your property did not. How is that selective or singling you out?

I would find a compromise here. You don't know what damage your patio could be causing other units in a variety of ways. Not just physically as it can cause drainage issues but can alter home attraction values. Others may not feel this is fair as a buyer may be more enticed by your improvement over their no modification.

Bottom line, you have violated the rules and it is time to correct that.

Former HOA President

PeterD3 (Florida)
Posts: 708

Posted:

We have to take what you say Deb at face value.

The fact that you were not prior approved is NOT, repaet NOT a basis for denial per se. They cannot prevent you from having a patio it just has to be per community standards.

I agree that it is unusual that a property manager can approve/deny a request of this kind.

You say you have applied but been turned down so you must be privy to the facts as to why you were denied. If you were just a denied without details or an appeal process you may have a grievance.

Remember this is basically contract law.

Don't panic, it is doubtful that you would have to remove your addition but rather modify it to conform to established standards. That's the key. Established standards not arbitrary decisions.

Contact the HOA and determine why your addition does not meet standards and develop a plan to correct them.

🎯 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