Shed / Tool/Storageroom

Good Evening

I purchased a home in a deed restriction community in Haines City, Fl. Few months ago I submitted an application to install a fence , and the application was approved. In my verbal communication with the manager I shared my intention to build a shed , or tool/storage room. I also ask if I need a permission from the board directors to build this. The Manager told me that is not necessary but need to be level with the fence. Relied in this communication I built the shed or tool/storage room, but the pitch is higher than the fence .

A General Contractor was making addition in my neighbor house called the HOA and made a complaint. After that I went to the office and met the manager , who told me that the issue is that you can see the pitch from the playground. She told me that they will try a find a solution to my problem

15 days letter I received a letter from them permitting me 30 days to remove the additional structure. The letter said that shed is not allow and tool/storage room as well.

The bylaws read as following

Section 4. Temporary Structures and use

No structure of a temporary character , trailer, shack, shed, garage, barn or other building shall be moved to erected on or used on any of the lands within the community at any time for a residence, workshop, office, storage room, either permanently or temporarily .....

In addition the bylaws said

Building Type:

No building shall be erected altered, placed, or permitted to remain on any lot other than one detached single family residence , not to exceed 35 feet in height , including a private closed garage for not less than two no more than fours cars. Unless approved by the committee as to use, location and architectural design, no garage, tool or storage room my be constructed separate and apart from the residence, nor can any of the aforementioned structures be constructed prior to the main residence.

My Shed, or tool/storage room has a foundation (18inches) therefore is not a temporary structure.

The HOA letter said , that the new structure behind to my home is considered by the board of directors a tool/storage room that is separate and apart from the residence, which is not permitted in the community .

In my opinion , the bylaws said unless approved by , instead to no permitted. I am no have a written permits since I relied in the manager verbal communication .

The cost of my Structure was $8,000 and removing the structure from the lot cost me $4,500.00. This is a new community and therefore no owners allow to be part of the HOA . I waiting for a hearing to try find a solution without removing the structure

Your input will be appreciate.

Javier

Thanks Bruce , you right . I am under developer control since there are only 30 percent of the community completed.

My problem is that the structure is completed, and removing as they requested put me in a hardship financial situation . I will try to find a solution , if they are not willing to help me , the only I can do is give their access to remove the structure due to I am no have the money to do that.

I learned my lessons, everything in writing with this HOA.

Glenn

Thanks for your comment. The issue is that the shed was built , is not a manufacture shed/ Is 10 x 16, and match with the residence. Is not way that you give to somebody , because is not by piece. I tried to attach photo but is big that the website allow.

Javier

Based on what you have said, I argee you will have to lower the highest part of the shed roof below the fence line but this is based on what you were said you were told. Seems you have nothing in writing about anything.

I would want written verification that if I do lower the roof, there will be no further issues with my shed.

Hope this helps.

Javier

The interpretation is simple but one you do not like.

Unless approved by the committee means if you never asked, they never approved so it is an unapproved structure thus they can tell you to remove it.

I suggest you stop fighting them on interpretation and try to work on lowering the roof aspect.

Instead of arguing semantics, you should write a letter to the Board, stating you were in the wrong and possibly misunderstood something you were told and ask POLITELY if something can be worked out. That is option one and costs you the cost of writing and mailing the letter. Option two is to ignore it until they start fining and sue you to remove it. Option three is to try and fight it in court and loose and have to pay to remove it in addition to court costs and attorney fees. Since you went to them for approval of the fence, it will be hard to argue that you didn't realize you needed approval for a building.

Javier,

The way I interpret what you posted earlier is that your structure MIGHT be allowed provided you received approval first. I assume, of course, that the design would have to comply with certain height restrictions to be approved.

To deny approval now only on the grounds you didn't ask first is childish. It reminds me of the game "may I" that we played when I was a child (yes, kids went outside and played games instead of watching TV or playing video games when I was young).

From what you posted, it seems you might get approval if you agreed to lower the height in accordance with the restrictions. So - - -

You approach the board and say you did speak with someone about the building but you misunderstood what you were told. (Always works best when you blame yourself rather than the other guy. Ego makes people hate to be told they're wrong.) Then you ask if you modify the structure (reduce the height) and submit a request for the new design now, if they would agree to review it and see if it meets with their approval. It may not work, but it's worth a try.

Javier

It was never a case. Just a few letters and a BOD election.

I think your best course of action was you did something based on what the manager said you could do, unless the manager perjure's himself.

Your manager had no authority to give you permission to build a shed. So his word means nothing. It would be no different than the girl next door giving you permission. They never had any authority. So its meaningless.

Also, reading your bylaws, it looks like you cannot construct a shed. Its prohibited.

PS. If its still under developer control, it might be possible for the developer to allow you to keep your shed. They have the final say.
PS. Did you get also get a building permit from the city?

Steve

Yes , I get the permits from the county , and the inspector said that my tool/storage room is beautiful and high quality . They inspect twice; for framing building and final building.

The manager is also the person signed a letter on behalf the board of directors. I think she has some responsibility in what she recommend. My bad part is that everything was in a verbal communication over the phone and nothing in writing.

I ask for fence permits with them , if she never told me that , I am not incur in $8,000 for something that I know is prohibit. Now the only I can do , is pray God to help me to solve this at least cost.

The interesting is that I found a least 2 residence with manufacture shed.

I agree with JohnC46 , that they have the control , and the only I can do is be polite with them to try find a solution.

I also met the manager handle all matters from HOA from the builder, but he said that they can't do anything since is the bank that had the control in this community .

Another point is that I called the sales office from this community and ask for the bylaws. The sales managers sent to me , and then I sent an email asking about the building type or shed , they replied that the HOA are flexible , but I need submit the application to the board for their approval.

I will try use this in my defense in the hearing as well.

DaveD3

The section say that developer may place on the community construction sheds, trailers or temporary sales offices or sales...

They consired my additional struture as tool/storage room . The letter said that is not permitted in the community , however the by laws said , " No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family residence , not to exceed 35 feet in height, including a private closed garage for not less than two nor more than four cars. unless approved by the commitee as to use, location and architectural design, no garage, tool or storage room may be constructed separate and apart from the residence, not can any of the aformentioned structures be constructed prior to the main residence. The restriction contained in article XII, section 27 are incorporated herein.

Section 27

A. Garage shall no be permitted to be converted to living space, wether said space is heated or not

B. No home shall exceeded thirty-five feet in height nor consistent of more than 2 stories

C. No projections of any type other than chimneys, skylights and vents stacks shall be placed or permitted to remain above any roof of the home.

D. No home shall have exposed structural block on its front elevation.

E. All driveways shall be constructed of solid concrete or decorative pavers approved by the commitee

F. All oil tank, soft water tanks, wood piles, water softeners, well pumps, sprinklers pump, pool and spa equipment and heaters, and other similar mechanical fixtures and equipment , shall be screened in a manner approved by the Committee or located so as not to visible from a street or other lot. This provision shall also apply to central air condition compressors units.

My additional structure is 10 X 16 , with footers.

Is not a shed , in additional structure tool/storage room .

JohnC

Shed is not permitted , but tool/storage room the bylaws said "unless approved by the committee.

I found at least 14 violation based on the bylaws. Does this information help ?

Glenn

Thanks for your comment. Thanks God that you arte not part of the board directors. If the HOA dont did anything for other violation , the HOA is not fair just pointed one person.

I know that I am in the mercy of the developer. Would see what happen.

Again thank for your comment.

Javier

I think some out here, myself included, have tried to tell you how you might could make an "arrangement" to get what you built approved but it seems you keep shooting yourself in the foot.

Go to the BOD or whatever with this I am right and you are wrong attitude (and bring your lawyer friend), then I can assure you that you will be told to take it down.

Stop with I know more then you do about this. Pi$$ me off and/or insult me, I will spend time and money trying to stop you even when you are right.

Go to somebody with hat in hand (no lawyer, time for them later) saying I have a problem based on what I was told and maybe you can help us all to resolve this issue. Mea culpa. Mea culpa. Yes swallow your pride, but in the end you might just have a shed.