KenB9 (Maryland)
Posts: 1
Posts: 1
Posted:
My HOA bylaws state that you can't have a shed in your yard. The HOA granted my neighbor the right to have a shed in their yard. Can they keep me from having a shed in my yard?
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HOA bylaws
Started by KenB9 • 9 replies • 1597 views
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BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Long story short, yes they can (most likely). They made their like infinitely more difficult by granting the exemption, and they may well spend thousands of man hours and thousands of dollars in the future defending it, but MOST HOA's have either very poorly written by-laws and rules that allow for interpretations like this, or a clause written in that allows some lee-way.
if your by-laws/rules/regs/CC&R's specifically forbid ANY exemptions, period, then they still don't have to allow you to have a shed. They would have to require the other guy to remove his.
The others will be along shortly to point out where I am incorrect in my short hand and assumptions.
if your by-laws/rules/regs/CC&R's specifically forbid ANY exemptions, period, then they still don't have to allow you to have a shed. They would have to require the other guy to remove his.
The others will be along shortly to point out where I am incorrect in my short hand and assumptions.
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
rules regarding sheds or other 'architectural' rules should not / would not be found in the by-laws
by-laws regulate the operation of the corporation NOT the restrictions/covenants between properties
if your covenants address the issue of sheds (directly or indirectly) they are your governing documents
why not spend many years and 10s of thousands of $s to fight ?
READ THE CONTRACT YOU AGREED TO FOLLOW
yes, you agreed when you signed for the deed
this is one reason a signature on/for the deed is required
ps. the fact that others are/were in violation has no bearing regarding YOUR compliance
you may, or may not, have recourse against the BOD ~ BUT ~ any one of the other landowners could sue you for non-compliance as the contract is with THEM
by-laws regulate the operation of the corporation NOT the restrictions/covenants between properties
if your covenants address the issue of sheds (directly or indirectly) they are your governing documents
why not spend many years and 10s of thousands of $s to fight ?
READ THE CONTRACT YOU AGREED TO FOLLOW
yes, you agreed when you signed for the deed
this is one reason a signature on/for the deed is required
ps. the fact that others are/were in violation has no bearing regarding YOUR compliance
you may, or may not, have recourse against the BOD ~ BUT ~ any one of the other landowners could sue you for non-compliance as the contract is with THEM
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Ken
Sheds were always an issue in my prior HOA. Most Covenants/Deed Restrictions will say nothing can be built without approval of the BOD (or another committee). If your Covenants are like that, like it or not, change it or not, but do take my advice. Do nothing unless you have permission. Once you do something without permission (if called for), like it or not, they got you.
Sheds were always an issue in my prior HOA. Most Covenants/Deed Restrictions will say nothing can be built without approval of the BOD (or another committee). If your Covenants are like that, like it or not, change it or not, but do take my advice. Do nothing unless you have permission. Once you do something without permission (if called for), like it or not, they got you.
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
John is right, rules regarding the building of structures won't be found in by-laws. However, rules giving the board the right to make exemptions or alter the covenants will usually be found in the by-laws.
So, follow everyone's advice: read the rules, understand the contract.
So, follow everyone's advice: read the rules, understand the contract.
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
Quote:
Posted By BrianB on 01/05/2014 4:31 PM
John is right, rules regarding the building of structures won't be found in by-laws. However, rules giving the board the right to make exemptions or alter the covenants will usually be found in the by-laws.
So, follow everyone's advice: read the rules, understand the contract.
John is right, rules regarding the building of structures won't be found in by-laws. However, rules giving the board the right to make exemptions or alter the covenants will usually be found in the by-laws.
So, follow everyone's advice: read the rules, understand the contract.
It was my understanding that such covenants, like "anything not mentioned here within can be mentioned in the bylaws," effectively bypassing the covenant amendment process and the membership, have typically been struck down during court challenges. Of course that would require one to actually challenge the HOA in court and put up the money,.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By KevinK7 on 01/05/2014 4:34 PM
Posted By BrianB on 01/05/2014 4:31 PM
John is right, rules regarding the building of structures won't be found in by-laws. However, rules giving the board the right to make exemptions or alter the covenants will usually be found in the by-laws.
So, follow everyone's advice: read the rules, understand the contract.
John is right, rules regarding the building of structures won't be found in by-laws. However, rules giving the board the right to make exemptions or alter the covenants will usually be found in the by-laws.
So, follow everyone's advice: read the rules, understand the contract.
It was my understanding that such covenants, like "anything not mentioned here within can be mentioned in the bylaws," effectively bypassing the covenant amendment process and the membership, have typically been struck down during court challenges. Of course that would require one to actually challenge the HOA in court and put up the money,.
Kevin
While not sure of that but there have been many attempts to circumvent Covenants and/or Bylaws via BOD's passing Rules and Regulations. R&R's cannot override/replace Covenants nor Bylaws.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Ken,
Have you submitted an application for a shed similar to the one the Board approved?
If you did, what did the Board say?
If you did not, you should go ahead and do that.
Have you submitted an application for a shed similar to the one the Board approved?
If you did, what did the Board say?
If you did not, you should go ahead and do that.
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
However, rules giving the board the right to make exemptions or alter the covenants will usually be found in the by-laws.
ABSOLUTELY INCORRECT
The method of changing the Covenants will ONLY be found in the Covenants.
The method of changing how the Corporation is run will only be found in the ByLaws.
If your documents say otherwise THEY ARE IN VIOLATION OF ALL STATE CORP. LAW AND ALL CONTRACT LAW rendering them useless and totally unenforceable ~ a contract can only be modified as per the actual contract, not by an (external) agreement as to how the contract shall be executed (eg. the incorporated HOA)
I will accept any and all wagers, I can always use additional funds.
Check with your attorney - if I am wrong I will pay his fee.
CAVEAT - this post must be provided in it's entirety!
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
however, the method of holding the actual meeting of the (corporate) members where the vote will occur will be found in the bylaws (assuming you are actually incorporated)
the numbers required to pass the change will be found in the covenants
the numbers required to pass the change will be found in the covenants
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