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RobinP1 (Virginia)
Posts: 1
Posted:
Short background:

I live in a large community in Richmond, VA (called Wyndham) with strict covenants and design guidelines.

Recently I received a violation notice for installing a storm door that "does not conform to the design guidelines set forth in section (blah blah blah), requiring that storm doors be either full glass or six pane glass". It was installed 3 years ago, but only recently "discovered" despite monthly neighborhood audits.

I did not recieve advance approval (my mistake, not realizing adding a storm door would require pre-aproval)for the nicely appointed beveled storm door with a top panel that pulls down to expose a screen (which rolls up and hides the screen in the top of the door when closed).

I've submitted request for "after the fact" approval, but it was rejected because it does not conform to the spec's outlined above. The jist of the rub with the HOA is the separation bar between the top and lower glass panels (even though it is the same color as our door and difficult to see expect by close inspection). Failure to remove will result in a $10/day fine continuous for up to 90 days.

Others in our community have similar doors (and may in fact be in the same situation of having receive a notice and been rejected). I have notified the HOA that I wish to appeal their decision. IMO, the door actually enhances (rather than detract from) the appearance of our house. Further, the ability to create additional air circulation through the house is an added benefit without having to install an unsightly screen door (when the covenants were written, hidden screens did not exist). At the same time, it's nauseating to consider throwing away a door that cost us over $700.

I don't want to waste my time with an appeal (the appeal meeting will require me to take time off work because it's 3:00 in the afternoon) if there isn't a logical argument and in return thoughtful consideration of over-riding the first decision.

All this said, a friend referred me to this site and I'm reaching out for opinions on how I might best approach this situation. Any thoughts would be appreicated.

Thank you!
Robin in Virginia
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RobinP1 on 09/27/2012 5:29 AM

I have notified the HOA that I wish to appeal their decision.

I don't want to waste my time with an appeal if there isn't a logical argument and in return thoughtful consideration of over-riding the first decision.

Robin,

I applaud you for understanding the mistake of not receiving prior approval and owning up to it. I also applaud you for wanting to have a logical argument to bring before the Board during your appeal.

To be honest, based on what you posted (and without access to your governing documents) you are in violation. Therefore what you will really will be asking for is a waiver to the existing guideline and that the Board changes the guidelines to allow that type of door.

The best position for you to win this type of an appeal is to show that this style of door is being used throughout the community and (approved or not)appears to be one of the styles acceptable to the membership and that the guidelines should be amended to show this acceptance. The more doors in the community that have the same style the stronger your position.

The best advice I can offer is when your at the appeal to admit your mistake, that it was not you intention to violate the covenants but was a simple misunderstanding (on your part) of interpreting those documents, your desire to comply with the guidelines but are seeking a waiver and/or modification of those guidelines.

Explain the benefits of the door, the fact that others in the community have the same style of door (which may or may not have been approved) and considering that the error wasn't identified in over three years (and others have similar styles) that the door appears to be aesthetically pleasing to the members. Therefore, you are requesting that the Board consider these factors and approve the application and modify the guidelines to allow this style of storm doors.

I would also suggest that you take photos of your door and as many other similar doors in the development. If it were me, I would type a brief (1 page) summary of your position and have a copy of the summary and every photo for every member of the committee hearing the appeal.

I would not include house numbers in the pictures but would show a picture that frames the door. Have a list of the house numbers if you need it but try not to turn that over as your intent is to have your door approved not cause the same issue for others.

Note: Had this style of door already been installed when you purchased your home, I would provide completely different advice.

Hope this helps,

Tim
MikeS1
Posts: 521
Posted:
We're in the process of reviewing our guidelines and have noted that a lot the old guidelines are dated. There's the True Full View Storm door which is pain to deal with and now every manufacturer has a more convenient solution. It may be called the Rolscreen or which has a retractable screen or a "Screenaway" and they have one small narrow horizontal bar in the middle. Technically it's not really a true Full View, but most HOAs allow them. They usually just do not want to see the half panels or quarter panels. (some call it mid-view or high view). Tim had some good advice - Document what's already in place and you might want to suggest a new standard for your guidelines.
SusieE (Colorado)
Posts: 1
Posted:
I would agree with the response from Tim 100%. Admit that you didn't intentionally step around the process becasue you thought that the dorr was extremly close in design as the approvel specs. Take photos of others that do not meet the requirments and put together a very thoughtful, logical and professional request. Your only hope at this time is to prove that the HOA has not been consistant with their enforcement over the years. If they have allowed others to slide for no apparent reason they must consider allowing yours.

The Board on the other hand has rules and guidlines in effect so they are not being arbitrary and subjective with their decisions and can show consistancy and fair enforcement. Your only hope is to prove that they are being selective with their enforcement and I would encourage you to use those words, selective enforcement. Good luck
PaulT6 (California)
Posts: 409
Posted:
"Selective enforcement" Unless you can prove that I would suggest you not use that phrase. In our appeals process it is my opinion the being present, honest about your mistake, polite and respectful, and just staying with the facts with no drama gives you the best chance. If you can't attend, a brief well written statement with pictures is your next best shot.

Paul T

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