Window well cover

KarenT (Washington)
Posts: 250

Posted:

Our HOA CCR's state as follows: PROHIBITION OF ALTERATION: no structure, improvement, or alternation of any kind, including landscaping within the development shall be commenced, erected, painted, or maintained upon the property until the plans for same have been approved in writing by the architectural control committee."

So the question came up - if a homeowner put a handmade wood and plastic cover over their window well with out approval, is that a violation of this section of the CCR's?

RogerB (Colorado)
Posts: 5,067

Posted:

Karen, technically I think the answer is yes. But how would anyone know unless they trespassed onto your property?

KarenT (Washington)
Posts: 250

Posted:

Quote:

Posted By RogerB on 07/20/2012 12:10 PM
Karen, technically I think the answer is yes. But how would anyone know unless they trespassed onto your property?

The Board President lives right next door and the window well can be seen from that yard.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Karen,

The answer is yes.

This is because the window well cover altered the exterior of the home. The same can be said for landscaping and, depending on the Association, there could me very specific rules on what types of plants are allowed.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By KarenT on 07/20/2012 12:02 PM
Our HOA CCR's state as follows: PROHIBITION OF ALTERATION: no structure, improvement, or alternation of any kind, including landscaping within the development shall be commenced, erected, painted, or maintained upon the property until the plans for same have been approved in writing by the architectural control committee."

So the question came up - if a homeowner put a handmade wood and plastic cover over their window well with out approval, is that a violation of this section of the CCR's?

Absolutely yes! This is without a doubt the most heinous violation of a covenant that has ever occurred in the history of mankind. Your association should mobilize its militia, round up the offender and exterminate his/her family, burn the home down, and salt the earth to remind one and all that nobody gets away with a violation of the covenants.

On the other hand, you could just ignore it.

If the complaining party were to pursue this in the courts, the judge would quite likely state de minimis non curat lex ("The law does not concern itself with trifles") and dismiss the case. Take a hint, this is not worth making a fuss over.

KarenT (Washington)
Posts: 250

Posted:

Quote:

Posted By LarryB13 on 07/21/2012 11:29 AM

Posted By KarenT on 07/20/2012 12:02 PM
Our HOA CCR's state as follows: PROHIBITION OF ALTERATION: no structure, improvement, or alternation of any kind, including landscaping within the development shall be commenced, erected, painted, or maintained upon the property until the plans for same have been approved in writing by the architectural control committee."

So the question came up - if a homeowner put a handmade wood and plastic cover over their window well with out approval, is that a violation of this section of the CCR's?

Absolutely yes! This is without a doubt the most heinous violation of a covenant that has ever occurred in the history of mankind. Your association should mobilize its militia, round up the offender and exterminate his/her family, burn the home down, and salt the earth to remind one and all that nobody gets away with a violation of the covenants.

On the other hand, you could just ignore it.

If the complaining party were to pursue this in the courts, the judge would quite likely state de minimis non curat lex ("The law does not concern itself with trifles") and dismiss the case. Take a hint, this is not worth making a fuss over.

Funny to you maybe - but when it is a homemade monstrosity and this homeowner continually thinks the rules don't apply to them, the HOA has to do something or why bother to enforce any rules!

LarryB13 (Arizona)
Posts: 4,099

Posted:

If it's that important then you know what to do. Got salt?