Condo H.O.A dispute

First, the Board hasn't made a decision yet. Therefore, I'd suggest you simply wait for the decision.

Members of the board are volunteers. Typically, per governing documents and/or State statutes, Boards make their decisions at board meetings. As you discovered, Board meeting typically only occur once a month. Therefore, don't expect immediate responses to requests. Additionally, if you are asking for something different then has already been approved in the past, the Board may want to look into the issue more, check on Association liability, or any other things that they might have questions on.

My strongest suggestion is to make any requests in writing and don't have the work done until you have a written approval from the Board. Having things in writing can protect you and the Association in case records get lost or a future Board wants to revisit the issue.

if you believe your neighbor's awning is not code compliant and therefor unsafe

file a complaint with the local authority having jurisdiction

either:

'MAN UP' and take action

or

be quiet and slink off into the night

but

in no event construct anything w/o approval in writing ~ then FILE the approval with your county register of deeds

John I have no intention of building anything without H.O.A approval and in writing. I wanted to send the pictures of the two decks, but I can't re-size them to file size they want in this forum. But it like this lady doesn't get it. This Ballew's Awning custom builds awnings for many things, not just residential. I wouldn't spend nearly $1,400 dollars for them (H.O.A) to tell me to tear it down. I'm not stupid. It's just this lady is clueless. I know that I will be responsible for replacing my decking if I ever need to, but if they want to keep replacing decks for people,because the sun is baking them to a crisp then that's fine too. All I asked is to build this awning to code, since my deck is 12 to 15 ft off the ground and the 4x4 supports will hide the aluminum 3x3 supports to the canopy and be supported by the flooring of my deck along with the guttering and all will be the same and color too. I understand they want things to look uniform in their community. Many neighboring decks are a dark grey and splintering rotting decks that look terrible, but that's their concern not mine. I just want to the do some improvements on the condo I bought, up the equity and make it nice.

HOA documents are considered PUBLIC and are looked at as your responsibility to be informed. No one is under contract to give them to you especially if you did not go through normal methods. SOME states do require the Seller to turn over the documents at sale but NOT EVERY STATE has this as a rule. You did not buy your through those typical means if it was at auction.

If you want the documents, then go to the courthouse record's department. They are on file there. They should have the CC&R's. The Articles of Incorporation are at the STATE level and may be at an online site for your state. The by-laws may or may not be filed with the CC&R's. They are not required to be filed other than with the HOA. If you have an Archectual Committee (ACC) they should have the documents for that as well.

Do not do anything till you get approval. They can force you to take it down. If you do not take it down, they can do it at their cost and send you the bill. If you do not pay that bill, they can lien you for it. So it's best to avoid this and just find out more information. The person you send your checks to may know. They should as they are contractors to the HOA.

you missed my point

my point would be a 'wake up call' to for them



if you are correct they would have to bring the structure up to code for safety reasons

Your deed contains a reference to: Covenants and Restrictions

check with your county 'register of deeds' and get a CERTIFIED copy of same

this will 'nix' all the misconceptions and opinions as you will have an actual recorded document

the existence of this document and other 'recordings' is why the purchaser must sign the deed

'but I didn't sign the covenants' is NOT correct - you DID sign !

Well as of today after the board met yesterday Sunday July 5th. I finally got to talk to Judy rather then voice mails. She will be sending my a copy of the H.O.A by-laws which should have been given to me at the time of the sale of the condo and was the previous owners responsibility. She has to get copies first because there are a couple other residents who also need them. She's out of copies at the moment.

As far as my deck goes it is going to be done in writing and sent to the board. She is going to mail me a letter regarding their discussion on my request and how we are to go about it. She ask that my contractor send the board the specifications on this deck and make a special meeting again with the board members regarding what they approve and it's stipulations. This to me is a step forward and she was not ugly or rude in our conversation at all. I will comply with what she wants me to do to get the job done and ask my contractor to do the same. All I ask is that the deck be built to code as installation requires. That would be the front two 3x3 aluminum post be attached to decking not the hand railings and that I would agree to be responsible for my own deck there after. So things are shaping up so far.

get a certified copy from the (county) register of deeds

this is the ONLY way you will KNOW what is ACTUALLY recorded

ps.

what you want is: Covenants, Conditions, and Restrictions

the bylaws merely are how the corporation (HOA) operates, NOT the covenants and/or restrictions actually recorded with/against your deed

John,

In my experience, Condominium Bylaws also contain a lot of the rules, regulations and guidelines that an HOA would have adopted as a resolution.

The OP should probably request a copy of all the governing documents.

Good golly JohnC46 you make it sound like I'm will turn out to be a monster and a villain set out to remake the world. How can an association approve one person for something and then say no to another for the same thing built the same way except for one thing? That's a little discriminating don't you think? The only difference in the two awning is I want mine built constructively sound to the standard building codes, so that a 15 ft. high deck verses a 3 ft. high deck that this other awning is on, with trees around, that mine can withstand 90 mph winds in bad storms or loads of snow on top. That would mean attaching the 2 front 3x3 aluminum support posts to the floor of the decking, rather then to the hand rails like the other awning is. That would be a sure way of begging for a disaster. That these (my) supports will be hidden behind the 4x4 wooden decking support beams. They both will be flat pan 12x8 awning of the same color and style.

I get MUCH higher wind velocity at the height of my deck versus theirs. I have no large trees to be a barrier against the wind around my deck as their 3 ft high deck has and it make perfect sense to me in the construction of two post, THAT IS THE ONLY difference in the two aluminum awnings.

John I am a respectable woman of this state and country. I follow the laws and/or rules of any federal, city, state, county,and yes associations. I know my fair housing rights and I have read the "Tennessee Condominium Act of 2008". Soon I will receive a copy of the H.O.A rules of this community which I didn't get at closing. I am trying to work with my Home Owners Association here, not tear it down. SO BACK OFF PLEASE! You're such a naysayer in your posts.

Hypothetically in construction of your new home, let's say, would you want something not build to code or would your rather take short cuts to save you a few dollars only for the walls to start cracking or things to start collapsing? Not only would I not be protecting the other condo's around me from a heavy canopy flying off the hand rails if I built it like that other awning with the supports sitting just on the hand rails. I would be protecting the freshly sealed deck, which the association ask the owners to seal their deck after they replace their rotted decks. I can tell you many don't bother. I did bother and had mine sealed as asked. And will reseal every two years. I am repainting the wood framing around my door that has baked off by the sun beaming down all day for a few years when the previous owner lived here. I'm a very reasonable person who does do my homework. They want their community to look uniformly attractive and I understand that. Then they need to fix the ruts in the roads they are responsible for around here, but that's another matter for another time. They should have let me attend the Home Owner's meeting representing myself in the matter, which I requested and got ignored with no reply. Maybe you need to read the TCA of 2008 too. But one thing you need to chill I think. Person from hell I am not and is strong words to describe someone you never met. What if I'm the greatest of the owners and heaven sent because I abide by their wishes and my place always great with upkeep? I get your point but you don't get mine it seems.

Or the code changed.

Tim,

I would doubt that any code ever permitted an awning to be attached to a handrail.

Here, in Horry County, SC the deciding factor in requiring a building permit is $500 in total cost whether material, parts, or labor. Should one DIY and require $501 in material a permit would be required.

In my specific location the current 'wind code' is 150mph for 3 seconds. Good luck affording an awning.