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CalebE (Texas)
Posts: 7
Posted:
Hello,
I was wondering if someone could give me some sound advice as I have a meeting with the board of directors to appeal my storage shed getting denied.
This started when we put in a shed without approval (it sounds dumb, but I didn't know at the time I needed approval) about a year ago. 2 months ago we received a letter saying we need to get approval from our architectural committee. So I submitted paper work along with pictures of our already installed shed. We received a denial letter stating the the roof needed to be shingled. The shed I purchased is a suncast resin shed which has a shingle style roof already so I resubmitted the paper work with more pictures clearly showing the shingle style roof. We received another denial letter and a letter saying to take down the shed within 10 days or we will be fined. So I have an appeal meeting with the board tonight.
My thoughts are:
The only requirements for installing a shed are that it must be "visually harminious with the house or fence to which is it most visually or physically attached, including matching major materials such as siding and roofing, dominant colors construction details and pitch of roof." This line sounds very ambiguous and vague to me and in my opinion is open to interpretation. The shed we installed does have matching colors to our house and fence which in my opinion is the definition of visual harmony.
The denial letter makes this argumentlastic sheds do not meet section 5.4(e) of the Declaration stating, "visually harminious with the house or fence to which is it most visually or physically attached, including matching major materials such as siding and roofing, dominant colors construction details and pitch of roof."

I have been doing a lot of reading in preparation of this meeting and found that the architectual committee requires at least 3 members but no more that 7. Right now, my community website only shows 2 members on this committee. Do you think I could have an argument there?

Please let me know if you think I stand a chance getting them to appeal or if I am up a creek.
Thanks!

[IMG]http://i763.photobucket.com/albums/xx274/cdudeman/2014-06-05175456_zps573e3467.jpg[/IMG]

[IMG]http://i763.photobucket.com/albums/xx274/cdudeman/2014-06-05175450_zpsbbf19731.jpg[/IMG]

[IMG]http://i763.photobucket.com/albums/xx274/cdudeman/2014-06-05175435_zps0fb58933.jpg[/IMG]
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
I think you have a chance for an appeal. Even better? Volunteer as the 3rd person... LOL.
RogerB (Colorado)
Posts: 5,067
Posted:
CalebE,
Before resubmitting your request did you shingle the roof? As to vague or ambiguous did you personally contact the Architectural Committee to find out exactly what was required in order to cure your violation for not getting approval in advance? Quit trying to blame your failure on someone or something other than yourself if you want to try to keep this shed.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Caleb

Ask yourself if you shed meets:

Section 5.4(e) of the Declaration stating, "visually harmonious with the house or fence to which is it most visually or physically attached, including matching major materials such as siding and roofing, dominant colors construction details and pitch of roof."

My first blush is it does not meet the requirements based on your description of it.

Worst case it may have to come down and a proper one built but at least you will still have a shed.

CalebE (Texas)
Posts: 7
Posted:
Thanks for the feedback. I am not trying to blame anyone for my stupidity of not getting approval beforehand. This is my first home and my first hoa experience.

John as far as your question goes, I am looking at the sentence completely rather than taking it out of context.
visually harmonious with the house or fence to which is it most visually or physically attached, including matching major materials such as siding and roofing, dominant colors construction details and pitch of roof."

It sounds like it just needs to look like it matches the major materials and doesn't need to be the same materia, it just needs to be visually harmonious with the major materials. At least that is my take on it.
I attached some pictures of my shed.

Thanks again for the help!
CalebE (Texas)
Posts: 7
Posted:
Can't attach pics so here is a link if you are interested.
http://i763.photobucket.com/albums/xx274/cdudeman/2014-06-05175450_zpsbbf19731.jpg
http://i763.photobucket.com/albums/xx274/cdudeman/2014-06-05175456_zps573e3467.jpg
BanksS
Posts: 403
Posted:
Quote:
Posted By CalebE on 07/14/2014 7:30 AM
Thanks for the feedback. I am not trying to blame anyone for my stupidity of not getting approval beforehand. This is my first home and my first hoa experience.

John as far as your question goes, I am looking at the sentence completely rather than taking it out of context.
visually harmonious with the house or fence to which is it most visually or physically attached, including matching major materials such as siding and roofing, dominant colors construction details and pitch of roof."

It sounds like it just needs to look like it matches the major materials and doesn't need to be the same materia, it just needs to be visually harmonious with the major materials. At least that is my take on it.
I attached some pictures of my shed.

Thanks again for the help!

Hi Caleb,

I like your interpretation but I disagree. It sounds to me like the shed has to be the same material as the house and same roof shingles as the house. With that being said, present your argument and see what happens. The committee may have the same interpretation as you once you explain it. There are so many resin type sheds available now as well as vinyl decking and fencing. Just keep a real positive slant and act like a salesman. Good Luck!!
CalebE (Texas)
Posts: 7
Posted:
Thank you for the encouragement. I know I can always take down the shed, but it was a lot of work putting it together and we really like the look and the function of it. Thanks again.

Quote:
Posted By BanksS on 07/14/2014 7:41 AM
Posted By CalebE on 07/14/2014 7:30 AM
Thanks for the feedback. I am not trying to blame anyone for my stupidity of not getting approval beforehand. This is my first home and my first hoa experience.

John as far as your question goes, I am looking at the sentence completely rather than taking it out of context.
visually harmonious with the house or fence to which is it most visually or physically attached, including matching major materials such as siding and roofing, dominant colors construction details and pitch of roof."

It sounds like it just needs to look like it matches the major materials and doesn't need to be the same materia, it just needs to be visually harmonious with the major materials. At least that is my take on it.
I attached some pictures of my shed.

Thanks again for the help!


Hi Caleb,

I like your interpretation but I disagree. It sounds to me like the shed has to be the same material as the house and same roof shingles as the house. With that being said, present your argument and see what happens. The committee may have the same interpretation as you once you explain it. There are so many resin type sheds available now as well as vinyl decking and fencing. Just keep a real positive slant and act like a salesman. Good Luck!!

JohnB26 (South Carolina)
Posts: 1,001
Posted:
.....including matching major materials such as siding and roofing.....


You will lose the appeal.

The probable intent of the restriction was to PROHIBIT plastic sheds.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
OR:

use construction adhesive and shingle the shed's roof

couple of $s and a couple of hours sweat



ps. I assume the shed is building code compliant and anchored down securely
TimB4 (Tennessee)
Posts: 21,059
Posted:
Take pictures of other sheds in the area. This can show that differences between the sheds exist and if there are any like the one you installed, it can show that there are other sheds similar to yours.

Be flexible and think outside the box. If the issue is only the shingle roof, ask if it would be acceptable if you simply glue shingles to the roof to give the appearance of a shingled roof.

Be apologetic: You know you messed up failing to get prior approval. Own up to that and apologize.
CalebE (Texas)
Posts: 7
Posted:
Thanks for the advice.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By CalebE on 07/14/2014 7:30 AM
Thanks for the feedback. I am not trying to blame anyone for my stupidity of not getting approval beforehand. This is my first home and my first hoa experience.

John as far as your question goes, I am looking at the sentence completely rather than taking it out of context.
visually harmonious with the house or fence to which is it most visually or physically attached, including matching major materials such as siding and roofing, dominant colors construction details and pitch of roof."

It sounds like it just needs to look like it matches the major materials and doesn't need to be the same materia, it just needs to be visually harmonious with the major materials. At least that is my take on it.
I attached some pictures of my shed.

Thanks again for the help!

We enforce that as this:
If your house has IKO dual black architectural shingles, your outbuilding needs IKO dual black architectural shingles
If your house has vinyl 4" dutch-lap siding in a warm gray, your outbuilding needs vinyl 4" dutch-lap siding in a warm gray

I would not consider a plastic shed with a plastic roof to be harmonious based on the pics you included.
CalebE (Texas)
Posts: 7
Posted:
The appeal went as well as it could have. I pointed out the ambiguity of the sentence that they kept referring too. I will update once I hear the final decision.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Caleb,

Thanks for the update.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
the sentence is NOT ambiguous

you WLL lose the appeal

BEST OF LUCK
JohnB26 (South Carolina)
Posts: 1,001
Posted:
oops:

WLL should be WILL
CalebE (Texas)
Posts: 7
Posted:
I think I convinced them to see it from my perspective too. That sentence is ambiguous to me unless taken out of context, like you did. We will see what the board says.

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