TEMPORARY WAIVER FOR BOA

Started by JavierD • 8 replies • 1861 views

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JavierD (Florida)
Posts: 34

Posted:

I HAVE A SITUATION WITH MY HOA , DUE TO I BUILT AN STORAGE ROOM THAT IS NOT ALLLOW IN THE COMMUNITY . SHORT STORY AFTER I MET THE BOA AND PRESENT MY ARGUMENTS THEY ARE WILLING TO GIVE ME A TEMPORARY WAIVER TO PLACE SHRUBS BEHIND TO THE BUILDING TO AVOID ANYBODY SEE FROM THE OUTSIDE. THIS IS A COMMUNITY THAT STILL UNDER DEVELOPER CONTROL

THE PROPERTY MANAGEMENT SAID AT THE HEARING , THAT IS THEY ALLOW ME TO KEEP MY BUILDING , THEY CANNOT DENY IN THE FUTURE TO ANY OTHER PERSON WISH BUILD THE SAME

NOW THE PROPERTY MANAGEMENT WILL GOING TO DISCUSS THIS WITH LEGAL COUNSEL IF IN THE EVENT THEM PROVIDE ME A WAIVER , THEY WILL HAVE TO PROVIDE PERMITS TO EVERYBODY.

YOUR THOUGHS WILL BE APPRECIATE

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Javier

The Declarant hires the Property Management Company. The Property Management Company works for the Declarant. The Declarant rules over everyone now and in the future.

If the Declarant said you can have a waiver if you do something (like plant trees) then politely inform (in writing) the Declarant saying you are more then willing to do what they desire, and to be sure you do it properly you are asking them to define what they want done and when done you are asking them to inspect and approve (in writing of course).

Once you have the waiver (in writing) it is done, you can keep the shed no matter what rules/regulations, etc. are passed in the future.

Get all in writing. Verbal promises is what caused this whole fiasco.

Hope this helps.

TimB4 (Tennessee)
Posts: 21,062

Posted:

My thoughts -

Get the waiver in writing so there is documentation of the approval.

JavierD (Florida)
Posts: 34

Posted:

JohnC

IF THE DECLARANT (BOD) GIVE ME THE WAIVER AND THEN SOMEBODY WANT TO HAVE A SIMILAR STRUCTURE , DO THEY HAVE TO APPROVE TO EVERYBODY BASED ON MY WAIVER ?

Thanks

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Javier

The waiver is for your shed only. It allows your shed, not others. Others will still need written permission to build one.

A waiver is the act of choosing not to use or require something that you are allowed to have or that is usually required.

Basically they are still maintaining no sheds without written approval but they gave your shed a waiver.

Hope this helps.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

DO THEY HAVE TO APPROVE TO EVERYBODY BASED ON MY WAIVER ?

Who cares. You only care about your waiver, not others.

JimD15 (Florida)
Posts: 21

Posted:

Good answers from everyone. However the OP originally stated the wavier was TEMPORARY. From what I've read if the declarant is seeking legal council that may mean they are questioning the right in the future to deny others from building this type of structure? The requirement to plant the trees may be meeting the requirements that the building is not visable to others, a provision which may also be stated in the convenants or bylaws in case the BOD approves the variance.
From what I've seen from HOAs in Florida, these types of buildings are frowned upon as they can be an eyesore and unless built to hurricane standards can end up damaging other properties in the case of high winds. I have seen this happen personally. IMO

JavierD (Florida)
Posts: 34

Posted:

Yes, they are willing to give me a temporary waiver, however if in the future any other owner submitt an application they want to keep the position to prohibit this type of building. The property management said to the bod, that if their allow me to keep my building they are not in a position to deny any other in the future.

The temporary waiver is suject to I will able to cover one side of the roof with the trees, now looks that I am under HOA property management hands.

Hope they can help me with this.

JavierD (Florida)
Posts: 34

Posted:

In addition the structures meet all requirements from the city . Is a solid structure with 18 inches embedment.

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