Interior Features

Started by DanH6 • 12 replies • 1433 views

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DanH6 (South Carolina)
Posts: 5

Posted:

We are building a home in South Carolina and there is an HOA. The HOA does not permit ventless fireplaces even though they are quite common and do not violate any residential building codes. Can an HOA enforce an interior feature of the home? Do I even need to let the HOA inside the home?

Thanks,
Dan

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If it is a restriction it is a restriction. Fireplaces are popular too but still unsafe. There has to be a reason why they are restricted. Why not ask the HOA why they feel the need to restrict this. That's your best source. Otherwise you can be in some deep expense if you don't ask permission in a HOA than forgiveness.

Former HOA President

DanH6 (South Carolina)
Posts: 5

Posted:

Thanks Melissa. But I think it's very unreasonable to think that an HOA can restrict an interior feature of the home. In my opinion it's the equivalent of them saying I can't paint my living room a certain color. Or that I can't have a gas range in the home. Those can be unsafe too if used incorrectly. I don't see why an HOA would have any jurisdiction to the interior features of any home.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DanH6 on 05/02/2013 5:36 AM

I don't see why an HOA would have any jurisdiction to the interior features of any home.

What an Association has authority over and where that authority may be exercised is spelled out in the CC&Rs (the deed restrictions). These deed restrictions are actually a contract between you and your neighbors (not you and the Association).

Therefore, the HOA has jurisdiction to the interior features of your home because when you purchased the property you contractually agreed to allow this jurisdiction.

DanH6 (South Carolina)
Posts: 5

Posted:

The restriction is not in the CC&Rs. They make no mention of fireplaces of any type. The restriction is in the Architecture Guidelines. Does that make a difference?

Also, other homes in the community have vent-free fireplaces. So the restriction is not uniformly enforced.

Thanks

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By DanH6 on 05/02/2013 5:54 AM
The restriction is not in the CC&Rs. They make no mention of fireplaces of any type. The restriction is in the Architecture Guidelines. Does that make a difference?

Makes a big difference. As a general rule restrictions on the use of property must be in the CC&R's.

If you built the home with the fireplace you want, just how do they intend to prove that it is there? They have no authority to enter your home without your permission.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DanH6 on 05/02/2013 5:54 AM

The restriction is in the Architecture Guidelines. Does that make a difference?

Guidelines are just that, guidelines. They are (should) be used by the approving authority (Board/Committee) to establish uniformity in the approval process.

A Board may not waive covenants but they may waive guidelines.

Since others have the similar fireplaces I would suggest that you request a hearing before the approving authority and present your findings. Have pictures and facts of the unit your desiring. If possible, have a list and pictures of similar fireplaces in the community (as this can show that they have been approved in the past and your not asking for special treatment). It would be good if you could also bring statements from your neighbors saying that they have no problem if you installed the unit.

Make sure that you have copies of everyone on the committee for your presentation and keep the tone civil.

If the approving authority is a committee and your request is denied, appeal to the decision to the Board of Directors.

Hope this helps,

Tim

DanH6 (South Carolina)
Posts: 5

Posted:

Thanks everyone for your information. It is greatly appreciated.

MatthewW4 (Arizona)
Posts: 500

Posted:

Dan,

This may be a good time to reconsider your plans. I mean your plans to build and live in that community. These people are jumping on your butt over something that few if any other associations would even think about. Do you think that these little minds are going to leave you alone in the future? Your early warning radar ought to be flashing red alerts and your mental intercom should be shouting, "Danger, Will Robinson!"

Put that sorry lot up for sale and build elsewhere. Find a place a little more hospitable than this den of vipers. You will get little enjoyment out of your home if you build in your current neighborhood. Cut your losses and go.

DanH6 (South Carolina)
Posts: 5

Posted:

I hear ya...loud 'n clear...cheers

FredS7 (Arizona)
Posts: 927

Posted:

If you do get a ventless fireplace installed, be aware of the potential for generating carbon monoxide. I would install an additional carbon monoxide detector AND not run it while sleeping, etc.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 05/02/2013 6:15 AM

Posted By DanH6 on 05/02/2013 5:54 AM

The restriction is in the Architecture Guidelines. Does that make a difference?

Dan

Tim offers good advice especially the make nice part. You would be wise not to become know as the Chief Complaining Officer (CCO) before you even move in.

Also there might be reference somewhere (Covenants, Bylaws, Rules and Regulations) as to the function/duties of the ARB. If such then it might well show/indicate that their responsibilites might be external only and nothing to do with inside the house. Personlly I think they over stepped the boundries of their responsibility.

Some states do ban flueless fireplaces. SC does not ban them.

Hope this helps.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

the HOA 'may' or 'may not' be within the scope of the contract re:

external gas storage tanks (if needed for the 'fireplace')

? if you have piped natural gas why not simply install a vented gas fireplace ?

not too expensive when under construction with open walls ! better, too !

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