HOA board members following majority requests

Started by MarkP7 • 49 replies • 4370 views

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MarkP7 (Florida)
Posts: 26

Posted:

So, I have illegal treehouse in my backyard. I know it is clearly stated in the convenants and restrictions that I am not allowed to have it if it can be seen from the road. However, I have spoken to all of my immediate neighbors and none of them have a problem with it. I plan on going door to door in my neighborhood with a petition to keep it. My question is; if the majority the community signs my petition to keep it, will the board be able to force me to take it down? If it helps I live in FL. Thanks!

TimB4 (Tennessee)
Posts: 21,062

Posted:

Mark,

Simple answer: YES.

The CC&Rs are a civil contract between all owners. The Association is typically tasked with administrating that contract but they (the Board) may not change the terms of the contract. Therefore, if the covenants prohibit, then you must bring the issue into compliance yourself or face being forced to bring the issue into compliance (perhaps through the courts).

Now, if the issue is that the tree house is in violation of a Resolution (like architectural guidelines) the board has some leeway. This is because the Board would have adopted said guidelines and as such may offer waivers or change the terms. However, if they offer a waiver for you, the then need to offer waivers to anyone else or face potential issues for selective enforcement for others.

If the Board has the authority to approve a waiver, you are going about it the right way (getting statements from all those with a line of sight to the tree house). Perhaps there are other options. Can you provide the exact language of the covenant or rule that is applicable? Also, specifically, what document is that language in?

BTW - Was approval needed prior to building the tree house, and if it was did you obtain it?

MarkP7 (Florida)
Posts: 26

Posted:

I believe the language is in the covenants and restrictions. Not sure of the exact phrasing, but basically any permanent structure must be approved by the ARB. I did not have permission before I built it. However, I spoke with the board chair and he said to submit it retro actively. Which I did, then it was shot down. I will post the exact phrasing ASAP. Thanks for your help.

MarkP7 (Florida)
Posts: 26

Posted:

It is listed in the "amended and restated decleration of covenants and restrictions"

No landscaping improvement or structure of any kind, including without limitation and building, fence, wall, screen enclosure, sewer, drain, disposal system, landscape device or object, driveway or other improvement shall be commenced erected or placed or maintained upon any lot, nor shall any addition, change or alteration therein or thereof be made, unless and until the plans, specs and location of the same have been submitted and approved in writing by the "ARB". All plans and specs shall be evaluated as to visual and accustical privacy and as to the harmony of the external design and location in relation to surrounding structures. Topography, existing trees and other natural vegitation and as to specific conformance with architectual critera which may be imposed from time to time by the association.

As I understand it my first mistake was putting the treehouse up without permission. I understand that. I did submit plans after the fact as directed by the chair of the board. The plans stated my intention to paint the treehouse the same color and basic design as my home.

Something else that I dont see as being fair is that there are smaller playsets that can be seen from the road in other backyards that are allowed. Also, there are a few custom built sheds that are visible over the fence that are painted and designed to match the existing home.

KevinK7 (Florida)
Posts: 1,343

Posted:

Out of curiosity, how old is your neighborhood? I notice the covenants are amended and restated and have seen this either post-developer or in older neighborhoods.

Was this tree house put up before they were amended?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Do your kids even use the treehouse? Typically kids loose interest.

PatriciaH4 (Texas)
Posts: 42

Posted:

I'd be interested to find out exactly what height the treehouse is from the ground (at what height is the flooring). There is a big difference between seeing the top of someone's shed or part of their kid's playhouse, and having my neighbor getting an unimpaired view of my entire yard because they get a birds eye view.

That being said, there are so many variables when it comes to this sort of thing, i.e. shape of the yard, where is the tree located in the yard, etc. Our ARC would most likely have gone to take an up-close look before just disapproving it out of hand.

Unfortunately, because you built the playhouse prior to getting approval, they are well within their rights to ask for you to remove it. I would request (in writing) to meet with the committee/board and go, hat in hand, to plead your case as nicely as possible to see if they might grant a variance. If you get your neighbors to sign off on it, the committee might be willing to do so.

Is it possible that one of your neighbors is saying OK to you, but perhaps to the committee/board, saying they really don't like it? I have found that lots of neighbors don't want to be the "bad guy", but would much rather the HOA be the "bad guy" for them.

MarkP7 (Florida)
Posts: 26

Posted:

Quote:

Posted By SteveM9 on 08/30/2013 8:56 AM
Do your kids even use the treehouse? Typically kids loose interest.

Actually, its not even completed. And they along with the other kids in the neighborhood are super excited.

MarkP7 (Florida)
Posts: 26

Posted:

Quote:

Posted By PatriciaH4 on 08/30/2013 12:04 PM
I'd be interested to find out exactly what height the treehouse is from the ground (at what height is the flooring). There is a big difference between seeing the top of someone's shed or part of their kid's playhouse, and having my neighbor getting an unimpaired view of my entire yard because they get a birds eye view.

That being said, there are so many variables when it comes to this sort of thing, i.e. shape of the yard, where is the tree located in the yard, etc. Our ARC would most likely have gone to take an up-close look before just disapproving it out of hand.

Unfortunately, because you built the playhouse prior to getting approval, they are well within their rights to ask for you to remove it. I would request (in writing) to meet with the committee/board and go, hat in hand, to plead your case as nicely as possible to see if they might grant a variance. If you get your neighbors to sign off on it, the committee might be willing to do so.

Is it possible that one of your neighbors is saying OK to you, but perhaps to the committee/board, saying they really don't like it? I have found that lots of neighbors don't want to be the "bad guy", but would much rather the HOA be the "bad guy" for them.

The bottom of the tree house stands 7 ft. in the air. The top is almost 16 ft. in the air. I know its huge, overkill, and so on. I really didn't intend on it being so big but when my buddy came over to help it snowballed. Before it got out of control I spoke with everyone that could see it from their house and they all gave me permission, even the previous HOA president. As far as neighbors changing their story, I really don't think that's the case. It is in the back of my yard slightly off center to the right. I am going to try to attach a picture. keep in mind, its not finished. I am more than willing to paint to match my house or even paint it to blend into the wooded area behind it.

AllisonD (Florida)
Posts: 449

Posted:

I live in Florida and you wouldn't catch me dead in a tree house. Are you going to hire an exterminator to spray monthly? Are you going to screen every nook and cranny so there are no snakes, racoons or other critters able to enter? I hope you have lots of insurance because the parents of the first kid who falls 17 feet to the ground is going to sue you like there's no tomorrow. And if I was your neighbor and knew that who ever was in the tree house could see my entire yard where I have a reasonable expectation of privacy and into the windows of my house, I would be super pissed off. I hope you treat the wood with something really good and probably extremely expensive so your tree house does not rot out from under you. Oh and don't forget to check your local building codes for permit requirements. And I forgot, make sure you tell all the teenagers in your development that they cannot climb in there at night and smoke pot and drink beer. Yes, your neighbors like it now because you are going to be the neighborhood daycare for a while, but this too shall pass.

MarkP7 (Florida)
Posts: 26

Posted:

Quote:

Posted By AllisonD on 08/30/2013 3:14 PM
I live in Florida and you wouldn't catch me dead in a tree house. Are you going to hire an exterminator to spray monthly? Are you going to screen every nook and cranny so there are no snakes, racoons or other critters able to enter? I hope you have lots of insurance because the parents of the first kid who falls 17 feet to the ground is going to sue you like there's no tomorrow. And if I was your neighbor and knew that who ever was in the tree house could see my entire yard where I have a reasonable expectation of privacy and into the windows of my house, I would be super pissed off. I hope you treat the wood with something really good and probably extremely expensive so your tree house does not rot out from under you. Oh and don't forget to check your local building codes for permit requirements. And I forgot, make sure you tell all the teenagers in your development that they cannot climb in there at night and smoke pot and drink beer. Yes, your neighbors like it now because you are going to be the neighborhood daycare for a while, but this too shall pass.

Wow, your "that" lady huh? Live in Florida, you must not be from Florida. It is actually very well built, built to same codes as a house as a matter of fact. My neighbors have kids too, they are older however but they understand. The furthest someone would be able to fall would be 7 ft. Ms. Einstein. I applaud your ability add, but your calculations are lacking. Most houses in subdivisions are stacked on top of each other anyway. I have seen homes 10 ft apart, looks like you could reach into their window. And I'm pretty sure no one is trying to peek in on you or your 10 cats. As far as building codes go, I'm safe there. I will be sure to let all the teenagers know about your no pot smoking rule. Because I'm sure they will climb my locked 6ft. privacy fence just to get stoned. SMH

AllisonD (Florida)
Posts: 449

Posted:

I am not going to go into how terribly wrong you are about me, but I guess your tree house is built from cement block like the rest of the hurricane resistant termite proof homes in Florida built after the year 2000. Good luck with that and this is exactly why there are ARB guidelines that you are obviously violating.

JonD1
Posts: 2,350

Posted:

I'm just trying to follow along here....

The OP decides its best to erect a treehouse knowing it is in violation of the property's documents. And after making no attempt to seek approval from the Board.

Now the plan is to gather a petition supporting the position the Board waive or disregard this violation.

I just have to wonder what other limitations or restrictions the OP believes should be disreagrded whenever the urge hits.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MarkP7 on 08/29/2013 10:21 PM

As I understand it my first mistake was putting the treehouse up without permission. I understand that. I did submit plans after the fact as directed by the chair of the board. The plans stated my intention to paint the treehouse the same color and basic design as my home.

Something else that I dont see as being fair is that there are smaller playsets that can be seen from the road in other backyards that are allowed. Also, there are a few custom built sheds that are visible over the fence that are painted and designed to match the existing home.

Mark,

There are really two issues.
1) the lack of prior approval
2) the physical size

It appears that the Committee/Board are willing to work with you on the prior approval issue. This happens and it's likely that a tree house would have been approved.

The paragraph you cited doesn't prohibit them or limit size, this is actually good for you. However, per your own postings, your tree house is taller/larger than others in the neighborhood. The committees/Boards concern is likely not with your specific tree house but the precedent it may set if they approve it. If they approve yours and someone on a smaller lot want's one like yours it makes it difficult for the Association to disapprove the second one.

My suggestion is to request a meeting and bring the following:

1) Pictures of your tree house from the road.
2) The letters from all the neighbors.
3) Pictures of other similar tree houses (ignore the sheds unless there is a shed as tall as your tree house).

Admit that you realize now that you messed up in not getting prior approval and apologize for it (more flies with honey type of thing).
Explain that you think you understand the Committee's concern of establishing a precedent and that you want to work with the committee.
Provide the letters (perhaps bring some neighbors with you so they can also answer questions for you) and explain that you have asked various neighbors and, per the letters provided, they appear to be ok with the structure.
Offer ideas and a time frame that will help the structure blend in similar to the other tree houses (provide pictures).
Ask what can or needs to be done to allow the tree house to stay.

Basically go there with an attitude willing to work with the committee rather than defending what was done. This tends to work better.

MarkP7 (Florida)
Posts: 26

Posted:

TimB4

By far the most helpful and encouraging advice yet. Thanks for your input. I plan on submitting the appeal at the next HOA meeting in two weeks. Where I will also apologize for not getting prior approval. Honestly, it really didn't occur to me to ask. It really did just snowball. I have already started my petition and at 15 percent of the community contacted I have 100 percent support. That includes the previous HOA president who is also right next door to me. As a back up plan if my variance is not approved, I thought about asking the board to impose a one time or annual fine against me. This way, if someone wants to build one in the future they can still say no. What are your thoughts on that idea?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Mark,

Fines are used to bring the issue into compliance.
Allowing you to have it if you pay a fee opens a whole new set of issues.
For example:

What if the new owner doesn't want to pay the fee?
What other things can be approved if you're willing to pay (again, precedence would have been set).

I think it's a bad idea to even ask that.

I would suggest that you invite your neighbor, a past board member, to the meeting with you. It may be helpful to have someone who has been on the other side of the table to speak on your behalf.

JonD1
Posts: 2,350

Posted:

Quote:

Posted By TimB4 on 08/31/2013 7:15 AM
Mark,

Fines are used to bring the issue into compliance.
Allowing you to have it if you pay a fee opens a whole new set of issues.
For example:

What if the new owner doesn't want to pay the fee?
What other things can be approved if you're willing to pay (again, precedence would have been set).

I think it's a bad idea to even ask that.

I would suggest that you invite your neighbor, a past board member, to the meeting with you. It may be helpful to have someone who has been on the other side of the table to speak on your behalf.

That might depend on the circumstances under which the former HOA Board President left the Board. And what type of relationship they have with the current Board.

Because in some cases we all know there are former Board members itching to make an issue out of how the current Board operates.

IMO this all could have been handled better. Now it might become a mess on several fronts.

TimB4 (Tennessee)
Posts: 21,062

Posted:

An excellent point Jon.

MarkP7 (Florida)
Posts: 26

Posted:

Quote:

Posted By JonD1 on 08/31/2013 7:25 AM

I never really thought about it that in depth. The reason the president left is because he is moving out of state. When he put his house on the market he stepped down. This is also a pretty small neighborhood. Only about 130 homes, and no where to build anymore. I never really thought about the precedence that it would set if I was allowed to pay the fine and keep it. I just wish there was some way for the board to take into consideration that the overwhelming majority of the neighborhood is ok with it. If other situations arise in the future then approach them then. I am more than willing to work out some type of compromise. To make things worse, a management company is going to be taking over on Sept. 1. I am pretty sure that they will just be enforcing the C and R's. So our current board will still make decisions and what not.

Over the past 5 years our community has changed from mostly older retired people to younger middle aged families. And I think the board needs to listen to what the majority wants. If they need to change the rules, then so be it. When I spoke with the interim president the other day to let him know what I was doing he told me that the C and R's are a living document. That they can be changed.

I am having a hard time finding the best way to address this situation. I do not know what my rights are, what the board is responsible for, and what rules they must follow. On a side note, it aggravates me to no end when the president of the HOA refers to the C and R's as laws. He tells me that I am breaking the law, and I just shake my head. I really don't think that the board really understand what they are trying to enforce. Everyone is learning as they go.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Mark,

The C&Rs are actually a contract. It is a contract between all homeowners.

The Association is created by the contract to maintain the common areas and, typically, to oversee the contract itself. Often the contract gives additional authority to the Association.

The Associations authority is exercised by a Board of Directors. The Association does not have the authority to change the terms of the contract, only the parties involved may do that.

Here is a link that may better explain what each of your governing documents are:

http://www.hoa-usa.com/statelaws/fl.aspx

TimB4 (Tennessee)
Posts: 21,062

Posted:

I'm surprised to hear that the Board has contracted with a management company for such a small Association. We are a 130 lot Association and are self managed. Of course if you don't have enough volunteers willing to serve, then often outside assistance is brought in.

On a side note, you may want to ask for a copy of the MC contract (do it after your current issue is resolved). Many MC contracts allow the MC to keep all or a portion of any fines for violations. When this is in a contract, it can create a revenue stream for the MC and cause them to become a little overzealous in enforcement.

MarkP7 (Florida)
Posts: 26

Posted:

I think the main reason we hired a management company is because the board got tired of being the "bad guys".

JonD1
Posts: 2,350

Posted:

Mark;

As a Board member for more than 26 years I have learned YOUR simple issue or that of ANY one owner can have ramifications for the entire community down the road.

As Tim points out the CCRs are a legal contract. In most cases when you buy into the property that purchase serves as your agreement to abide by these documents.

The living document thing while to some degree true is in reality quite different. Can you change the CCRs in most cases yes. Is this a simple process without effort, time, and cost to the community involved? No. Then who now is asked to make those efforts to resolve YOUR single issue?

In fact I agree with the position these are for the lack of a better term the law in your community. And the Board is charged with enforcing those laws.

Now is it possible this Board might seek to work with you? Possible but I have no idea.

And to be honest the former Board President leaving the community brings up several questions for me. Then why would he care and why would his opinion carry any weight if in the near future he will no longer be a resident. It also does not address their realtionship with the current Board members.

What I find most unfortunate about his entire situation is the fact YOUR kids or some kids have been made to think this treehouse is a forgone conclusion. When in fact it MIGHT not be. This should not have been allowed to occur IMO.

Next month a former Board Presdient here faces a difficult decision.
After installing an element in their unit they violated the CCRs of this property. They then decided it was best to sue the property. Because how could anything else happen other than them winning occur.

They lost. Now the choice they are left with restore the property to its original state or face arrest for contempt of court.

When you fail to consider what others might do in their capacity or role in an issue that involves YOU you leave yourself open to the possiblity things might not go as you planned. Unfortunate.

I would seek to meet with the Board request they consider some compromise and hope they do so. I would abide by their decision whether you agree with it or not.

If not you might face a long, costly and in the end unsuccessful battle.

Good luck.

AllisonD (Florida)
Posts: 449

Posted:

You think that the reason that they should allow you to keep the tree house is because all the other homeowners say its ok with them. There are other reasons to deny the tree house, for example, that during a hurricane, it will blow down and the debris will be the cause of damage among the houses in the neighborhood. It may seem ok for the neighbors that live around you now, but if they sell, the new neighbors may not be so tolerant of the view and the noise. Board members should consider majority requests but to decide to ignore the rules requires a majority vote to amend the governing docs.

PeterD3 (Florida)
Posts: 708

Posted:

It's too late to ask for permission.

So now you must ask (beg) for forgiveness.

It is not a battle you can win with litigation.

Cut your losses now.

If you can prove there are other illegal structures you must inform the BOD and they must act or it could suggest 'selective enforcement'.

This of course would likely piss off some of your neighbors.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

It is actually very well built, built to same codes as a house as a matter of fact.

Your treehouse is build to code? LOL. You have obviously never looked at a building code book or local building codes. Since this is a permanent structure, have you obtained a building permit? The city will need to adjust your taxes based on this new addition. or face fines.

MarkP7 (Florida)
Posts: 26

Posted:

It's built to to the same specs as required for a dwelling. As far as floor joist, stud placement and building materials go yes, it's built to code. I pity you poor people who live your lives within the confines of these "laws". Bottom line it's a tree house for my kids. Nothing more, I have every right to fight for it, and I will do everything in my power to keep it. Why is that so horrible and offensive?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

I pity you poor people who live your lives within the confines of these "laws".

You moved to an HOA with "laws" to prevent people like you from doing this. If you wanted to do whatever you wanted, you shouldn't have chosen an HOA to live in.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

I'm all for "freedom" to do what you want. But everything has a place. If you lived at a non-hoa, rural, property, I'd say go nuts, build greenhouses, tree forts, junk yards, whatever. But you don't.

MarkP7 (Florida)
Posts: 26

Posted:

I just want the opportunity to change something.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SteveM9 on 09/01/2013 7:29 AM

I pity you poor people who live your lives within the confines of these "laws".

You moved to an HOA with "laws" to prevent people like you from doing this. If you wanted to do whatever you wanted, you shouldn't have chosen an HOA to live in.

Well said.

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By MarkP7 on 09/01/2013 7:10 AM
It's built to to the same specs as required for a dwelling. As far as floor joist, stud placement and building materials go yes, it's built to code. I pity you poor people who live your lives within the confines of these "laws". Bottom line it's a tree house for my kids. Nothing more, I have every right to fight for it, and I will do everything in my power to keep it. Why is that so horrible and offensive?

Its not horrible or offensive.

Its illegal. Definately at the HOA level and almost surely at the city and county level as well with no permit.

Try perusing this page:

http://www.treetopbuilders.net/tree-house-construction/building-permits.html

Its not Florida centric but is food for thought.

MarkP7 (Florida)
Posts: 26

Posted:

I will have to check that out. I have had one other instance where someone from the HOA board approached me about working in my car in the driveway. He told my brother who is a local cop that it was illegal. We both laughed him off my property. I will just have to wait for the sheriffs office to come knock on my door I guess.

EllieD (Vermont)
Posts: 446

Posted:

Mark P, re working on your car in the driveway – was perhaps the person from the HOA Board referring to “HOA illegal”.

What if anything is in your “Declaration of Covenants and Restrictions” about working on cars in the driveway?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

He told my brother who is a local cop that it was illegal.

When people say "illegal" they are referring to "being against the HOA rules" it does not mean its illegal according to city/state/federal laws or criminal in any way. However, it does mean the hoa can fine you and file a lien against your property if you choose not to pay.

JonD1
Posts: 2,350

Posted:

Mark sounds like you are well on your way to finding conflict with your HOA.

Just what does your brother being a local cop have to do with a contract you have with the HOA?

And when you seek a waiver to keep your treehouse I wonder how that Board member might remember you.

Your misconception about what you can do on your property might come back to bite you.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

We both laughed him off my property.

And this will be the guy who rats you out to the city for failing to obtain a permit. He will likely wait until your finished building. It pays to be nice to people, even if your faking it.

MarkP7 (Florida)
Posts: 26

Posted:

It basically says that you can't work on your vehicle if it is in plain sight of other homeowners. And I have seen the president himself with his hood up in the air. Now he might have just been putting some oil in his car, but why is it ok for him to do that? Our c and r's are very black and white. I think that is where most of the problems arise. They take it upon themselves to determine which side of right and wrong these "violations" fall on.

SharonH9 (Virginia)
Posts: 216

Posted:

Mark,

Ahh. Life in an HOA. Personally I would not care about either issue and it sounds like your neighbors have no problem with the tree house but your County probably does. I see at least 2 problems with it. If you built it without a permit you may have local authorities greeting you at your door fining you for the violation and/or asking you to remove it. The 2nd issue I see is safety. Kids will be kids. Things happen so quickly and things that you don't think will happen do happen. I know this because I work with 330+ elementary school children everyday. And the liability. I hope you understand the monetary consequences you may face if an accident were to happen.

I know you want your kids to experience the enjoyment of a tree house but in this case IMO there are so many negatives that I would find something else to entertain the kids.

MarkP7 (Florida)
Posts: 26

Posted:

Quote:

Posted By SharonH9 on 09/02/2013 5:44 AM
Mark,

Ahh. Life in an HOA. Personally I would not care about either issue and it sounds like your neighbors have no problem with the tree house but your County probably does. I see at least 2 problems with it. If you built it without a permit you may have local authorities greeting you at your door fining you for the violation and/or asking you to remove it. The 2nd issue I see is safety. Kids will be kids. Things happen so quickly and things that you don't think will happen do happen. I know this because I work with 330+ elementary school children everyday. And the liability. I hope you understand the monetary consequences you may face if an accident were to happen.

I know you want your kids to experience the enjoyment of a tree house but in this case IMO there are so many negatives that I would find something else to entertain the kids.

I agree there is a risk associated with the treehouse. My family lives an active lifestyle, riding dirtbikes and going kayaking g are regular activities. And I always keep a watchful eye. As far as the county, I have lived here all my life and I really don't see that as being an issue. And if so, I will cross that bridge when the time comes. I will just have to wait and see how this all plays out. In the mean time my kids live playing in what I have already built.

SharonH9 (Virginia)
Posts: 216

Posted:

Quote:

Posted By MarkP7 on 09/02/2013 5:53 AM

Well you know your County better than I. Mine is very, very strict about those things. You know inspections and all that. In my school we have no less than 2 adults supervising kids on the playground and our climbing apparatus (when I was a kid it was called a jungle gym

has rubber under it and we still have kids get broken bones. And our school has the liability insurance to cover those accidents. I am just posing a question to you, if someone gets injured (not your own kids)will your liability insurance cover a nonpermitted structure? Just a thought.

I'm sure your kids are enjoying the playhouse. Hopefully nothing will happen and your kids will enjoy many hours of fun in that tree house that their dad built especially for them.

EllieD (Vermont)
Posts: 446

Posted:

Mark, After some quick googling – two questions: Have you checked to make sure that your Homeowner’s Insurer will cover “tree houses”? Are you aware that some insurers may have “tree house exclusion clauses”?

MarkP7 (Florida)
Posts: 26

Posted:

UPDATE!!!! Voted 6:1

Well after two separate HOA board meetings and a lot of research on my side and theirs my tree house was approved

Believe it or not, the original ruling from the ARB was overturned because the parties involved in the voting process didn't follow our rules. Their meeting was held privately and did not allow for any discussion. I was supposed to be part of this meeting. My C and R's do not prohibit tree houses, that was something else that worked in my favor. The only issue that the board could complain about was that it could be seen from the road. We agreed that I would screen it from public view. Sometime in this two month process some chicken s*#t homeowner called the county on me and I was issued a stop work order. Once I handed the county my letter of approval from my HOA they let me know that they(the county) had no issues with my tree house. According to Florida Statues and Florida Building code they do not issue permits for tree houses or play ground equipment. So this was strictly an HOA issue. In my particular case, the stars aligned in my favor. I caught the HOA with their pants down, asking for forgiveness rather than permission was the key. The petition that more than half the homeowners signed helped also. Long live the tree house!!!

KevinK7 (Florida)
Posts: 1,343

Posted:

Not sure why the county would intervene unless they had proof the HOA said it was okay. The county doesn't enforce HOA matters.

TimB4 (Tennessee)
Posts: 21,062

Posted:

I understand the County investigating a complaint. I don't understand why they would care if the Association said yea or nay.

Mark,

My suggestion on your update is to:

a) get the approval in writing and make sure it's in the minutes of the meeting (do both)

b) get in writing specifically what the screening will be. Otherwise, you may be fighting with the HOA again on what type of screening is required.

MarkP7 (Florida)
Posts: 26

Posted:

I got it in writing, and actually our management company is going to decide of the screening is adequate. And if they decide that it's not, I'm not too concerned. We don't even have a fining system in place.

AnnH5 (Florida)
Posts: 304

Posted:

My observation is that people who fight the deed restrictions because they want something different or that is not "allowed", typically lose. Regardless of whether your neighbors say they are "okay" with it. The Board will be within the legal right to make you remove your tree house. However, there is no reason why you can't work with your neighbors to vote for an amendment to the restrictions and that would permit such structures as your tree house (and visible play sets, sheds, whatever). Just don't be surprised if the "supportive neighbors" vote no. I have also witnessed just that- one homeowner states they want to change the deed restrictions so that they can do something different, other people say they wouldn't mind, and then the amendment fails to pass by majority.

If, at the end of the day, you don't get to have your tree house, perhaps consider building a small cottage for the kiddies? It might be a better suited project. I am sure your tree house would look lovely at first, but something tells me it would end up being a PIA to maintain in Florida's climate. At least a ground structure would be easier to get at for pressure washing, painting, etc.

AnnH5 (Florida)
Posts: 304

Posted:

MarkP7 (Florida)
Posts: 26

Posted:

Apparently you didn't read the whole thread. It has already passed. The board voted to keep it 6:1, and it cannot be discussed further or changed.

AnnH5 (Florida)
Posts: 304

Posted:

Quote:

Posted By MarkP7 on 10/18/2013 6:10 PM
Apparently you didn't read the whole thread. It has already passed. The board voted to keep it 6:1, and it cannot be discussed further or changed.

That is good news then! Perhaps your neighbors might vote to change the amendments about visible play structures so that nobody else goes through this again? The last thing you need is grief over what you will put up to screen a tree house that is 16 or 17 feet up in the air.

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