Outbuilding Restriction

This may not be the correct forum but I figure that I may get some honest answers...

My wife and I purchased our home a few years ago in a very small country sub division (18 homes) and purchased the neighboring wooded lot, last year. We purchased the lot with intentions of building a garage. Our covenant states in section 2 that outbuildings have a 900 sq ft max size, must match the home, 8/12 min pitch, absolutely no pole barns and the doors can not face the road. We were planning to build a garge that meets every restriction except for footage (1200 sq ft) and discussed it with the neighboring president, who actually liked the idea. It seems that it would increase the value of our small neighborhood.

After emailing him the prints, he sent an email out to the contacts that he had which is only about 6 fellow owners out of 18. some went through the motions by stating every outbuilding retriction of the covenant and a few stated "no larger than 900 sq ft". Funny thing about it was that one of them that stated that, actually has a garage acessed at 961 sq ft... and the other has a outbuilding that doesn't fit the covenant as well.

I guess the problem that we have is that when we moved here, we knew that the covenants really weren't enforced. People have trailers, campers, boats, too many dogs (treasurer) chickens (HOA prez) and as for outbuilding violations in the neighborhood there is a pole barn, many garage doors face the road, wrong pitches on homes and outbuilding etc. We have lived here for 2 years and have never seen a single covenant enforced... now they tell us that we can't build something nice but just a little larger than the covenant states.

The covenants state that they can not be ameanded until 2018 and even IF we could get a vote to change, we feel that it's a losing battle. We have somewhat a valid request considering that we did a majority of the snow clearing, salting and sanding of the roads last year just to be kind and at no charge... we would just like a little larger garage to to store the plow, salt and sand.. plus our daily drivers

Advice?

Don,

Try submitting plans for 2 outbuildings/garages.

For example: 2 600sqft buildings vs. 1 1200 sqft.

600 sq ft = 20' x 30' = 3 car garage (or even a 4 car if 'stacked' horizontally)

most garage doors are 9' wide x 7' high

MAKE SURE YOU CALCULATE 'FOOTAGE' ON INTERIOR DIMENSIONS

this is a very common loophole giving 5-7% more space

you're welcome
John B.

pretty sure that one wall must be attached to the house...

What about a variance? How does that work, who decides and is it possible if the cavants state that there will n amending until 2018?

Just seems that there must be a loophole somewhere because nobody else has even questioned it... they just build what they want and nobody says diddly.

We even considered build a livable garage built to home standards with a home building permit. Min house that can be built is 1500SF and with the upstairs as a loft, it would hit that. Just need study up on code

I wonder how well that defense would hold up?

Melissa

You repeat in ever post your feelings on a lawsuit. However, did you ever give any thought that there are occasions when it benefits all for a HO to sue?

In the case above some wonderful suggestions have been given for the OP. I am aware of cases of when the CC&Rs have not been enforced they can't be enforced. I've also heard of cases where the courts upheld the CC&Rs.

For the OP, his association would need to go to the expense of hiring an attorney to have the enlarged outbldg removed, and they aren't likely to do that since it's a coin toss about whether or not they would win, and they would tick off every neighbor in doing so, if that outbldg added to the community. The OP has an equal chance of winning, so I would say, go for it, make sure it's attractive ... I don't think you'll have a problem. Your Board is just blowing smoke as they so often do.

And please to those who are guilty, no more suggestions that if you don't like your CC&Rs you can move. Everyone knows that is not a viable option due to the expense, trouble, and effort to relocate ... Disruption to job, family, friends etc.

Ok Melissa ... We get the point ... Can you drop your spiel? You've posted 4600+ times and virtually said the same thing in every one of them.

I thank my lucky stars that you are a FORMER HOA board President, as your combative attitude likely has led many to at least consider a lawsuit. I know you would certainly tick me off with your rhetoric.

We are not looking at suing anyone. Just looking at suggestions that are more than " move if you don't like it" or if we have a reasonable defence...

Hate the no edit:

900sq is say 30x30 where as 1200sq ft is 30x40. Is the additional 300sq ft that important?

For comparision a good size two car garage is 24x24 or 576sq ft and many are only 20x24 or 480sq ft.

Yes I'm aware of sizing... thanks

We pretty much did just that. I invited the pres over and he actually liked everything about it. The problem is that he's a bit of a mouse and a few of the old dogs were against the idea... one of them mainly becasue I believe our toy box would be bigger than his lol

Mike

As I read this a fellow build a shed and was told by the HOA that the shed was not allowed. The fellow sued saying others had "play houses" that were shed like so his shed should be allowed to remain.

The court said he was right, the play houses were like sheds so all had to come down be they a shed or playhouse as they all were in violation.

I also read the HOA was awarded $24K in legal costs to be paid by the fellow.

Did I read this properly?

Thanks

Sorry John, I lost the link to the original case. Nash (who built the shed) won the original case(and legal fees I believe). On appeal Wedgewood (HOA) won and Nash had to remove shed and pay legal fees to the HOA. The judge who overturned the ruling said that the "doctrine of clean hands" does not apply in this case and was used erroneously by lower court judge. I did not read that the other structures needed to be removed, only Nash's.

Nash latter tried to appeal the appeal but the judge agreed with the appeals judge and would not hear the case.

Don I'm sure this is not what you want to hear but Boards don't have the power to grant "variances" to the recorded covenants, except possibly to provide reasonable accommodations for disabilities. You can build and take your chances, the HOA possibly won't do anything but you should be aware that most documents give your fellow homeowners the right to take you to court to enforce. Just as you have the right to take your neighbors to court to force them into compliance.