Big issue with my HOA

Long story short.

I was the second house in the subdivision. I started building a front entry pergola. I also planted Italian cypress along my driveway as I love these trees.

this was in late 2012.

Now .. 2015.. they finally got a HOA (it started in 2014).

During the first meeting it was mentioned that all the work before HOA was in effect would be grandfathered in.

Yet they want me to remove all my trees and my reinforced concrete walkway and pillars (that are for the front entry pergola).

To me this just seems ridiculous and unfair. Years after I planted the trees they want me to remove them now?!

I have collected 36 signatures from other home owners (out of 44) giving me consent to finish the structure.

My question is the following.
there are 3 members on the architectural board. Does this really mean that if these 2 people (ot of 44) do not like the idea I can not build it?
Isn't the HOA supposed to represent the home owners? My signatures collected, does that have any merrit/power?

I am extremely frustrated and I would really appreciate any help opinion advise and tips of how I can fight this.

BTW.....is the issue NOT That you have trees and a pergola, but that you have a half finished project which has deteriorated into an eyesore for lack of progress? I am just trying to figure out why nearly all the homeowners are in support, but the architectural board is telling you to get rid of it.

Something doesn't make sense.....

Welcome to the Forum, AapA.

Can you clarify this sentence? "Now .. 2015.. they finally got a HOA (it started in 2014)."

Sometimes posters mix up "HOA Boards" with "HOAs." So, do you mean an HOA board of directors was finally elected/installed?? Or do you mean that the documents or paperwork making your subdivision an HOA were created and recorded in 2012?

Indeed.

The HOA was formed sometime in 2014. But only now in 2015 do I get the complaints from them.

Is there such a thing as a statue of limitations? Isn't it too late for them to complain now?

If it is compatible with your house and the community, get it finished, and move on.

The HOA isn't there to prohibit decent people from doing decent things. They are there when things are not positive for the community. I think you can understand, based on what you have told us, where they might be coming from.

Finish it pronto, or tear it down.

Prior to starting any of that work, did you seek and receive approval from the Developer (because the developer was in charge of the HOA at the time)?

If you did, simply show the paperwork.

If you did not, you probably violated the covenants by failing to obtain prior approval for exterior changes.

Well, did you seek prior approval from whomever you sent assessment payments to (as they would be the ones in charge of the HOA)?

I'm not in the legal professions, but there MIGHT be a time limit on what the HOA board can do. You need an attorney to tell with you about the "doctrine of laches."

The petitions signed by yur neighbors holds no legal standing. Owners. do not get to vote on these individual matters. The petition might get the Committee or Board to have a change of heart.

You keeping saying you've had this situation "for Years." But you also wrote late 2012--so really, less than 2-1/2 years.

It looks like there always has been a Homeowners Association or HOA. what it seems you haven't head is an HOA board of directors. So, according to you, no one's been enforcing your governing documents. These are especially your CC&Rs. I'm betting there are some recorded at your local county recorders office. If you do not have a set, get them and see what they say about the "work" you're doing.

When you bought there WERE Covenants and Restrictions 'attached' to and referenced by your deed.

While the HOA may not have been actively in place, the Covenants and Restrictions WERE in place.

Read your deed carefully and get a copy of the covenants from your register of deeds at your county seat.

Sorry to be the bearer of bad tidings, but, you most likely ARE in violation and 'probably' will be required to comply with your Covenants and Restrictions.

next time:

CAVEAT EMPTOR

you can fight

you can NOT win if the Covenant(s) were in place

https://www.facebook.com/photo.php?fbid=876936989036297&set=pcb.876938365702826&type=1&theater
https://www.facebook.com/photo.php?fbid=876937762369553&set=pcb.876938365702826&type=1&theater

This is not about playing games or playing with words. I am just looking for facts here.

There was no other way to have an "unauthorized" structure because there was no entity or organization to ask permission to at the time of building. There was not even a projected date when something would be in place. it could be a year.. it could be 5 years. Want me to put my life on hold for an indeterminate amount of time?

No one said I was not allowed to built it and I did it anyways. The rule was to ask permission from the Architectural board (which didnt exist). Period.

Other neighbors have done work as well, and they got grandfathered in. It is what it is right now and all I am looking for is to see what my options are and how to fight it. Thats all.

Telling me how wrong it was, or how stupid it was etc. etc. is useless to me.

The fact right now is that:
* only now are they making an issue,
* everyone else got grandfathered in except me
* I got 36 out of 44 signatures of home owners that either like it, or dont care (either way 36 gave me consent)

If the HOA is there to represent the homeowners, and the majority of the home owners are ok with it.... can I do something with this..
yes? ok how can I deal with it...
No? ok thanks I tried.

thank you!

Say, AapA, you asked, "If the HOA is there to represent the homeowners, and the majority of the home owners are ok with it.... can I do something with this." the answer is NO. I wrote above--perhaps badly--only the Board may decide if you can proceed or not. This is not the type of matter that homeowners in HOAs vote on. Having said that, it is POSSIBLE that the Board or the Committee will be persuaded to let you proceed because of your petition. If so, you want it in writing and you want to record it at the county recorders office. So, follow Tim's advice.
since your neighbors have been looking at unfinished exterior work for so long, though, I'd ask for only three months. Hire someone if you have to, but promise to get it done as soon as possible!

I also wrote, re: the 2-1/2 years that you've been working on it: Ask an attorney about the "doctrine of laches" in FL. There may be a statute or law that gives the HOA only xx amount of years to have a violation corrected. You may be able to look this up yourself, or someone from FL who visits this site may know the answer.

Oops, hit submit too soon. If you have enough support, and if the issue is a violation of the CC&Rs, you could call a meeting to amend the CC&Rs to formally grandfather all projects completed or started before mm/dd/yyyy.

36 out of 44 is almost 82%. Since most governing documents require 2/3 (or approx. 67%) to amend the CC&Rs, that could be a possibility.

Tim, this is great advise.

I did exactly that. I am still pending a date. The reasn I came to this board was to see just in case the meeting goes bad if there is something I can do.

But yes, I did exactly what you suggested.

And the others that commented. This is exactly the help I wanted. Straigtforeward advise, no judging.

So indeed. I need to convince them it will be beautiful and done in a short amount of time. I can finish it in 9 days to be honest,.. but I will ask for 2 weeks.

I was hoping the signatures would hold more power, but I guess it simply does not. I will need to suck it up, kiss ass and be kind I guess.

Thank you all!

Very good point!

If over 80% of your neighborhood has signed that they are fine with the improvements, I believe you would win a court case, regardless of what your CC&R's say. (I am not an attorney) However, before going that route I'd get those 80% to vote someone else onto the board or ASC to approve your application forthright.

We have a clause in our governing docs that allow for any ASC application to be approved regardless of a ruling by a board or arch committee if 2/3 of our association approves it.

Just read your CC&Rs and other docs, AapA. I think that CfD's docs are VERY unusual, so don't get your hopes up.

CfD. Please give us the exact quote from your docs and tell us in which doc you find it. Thank you.

Just my humble but not legal opinion, whether 80% agree with him or not the court will only look at what is in the contract he signed and agreed to abide by. If so many really agree let them amend the documents to allow either the pergola and trees.

BTW AapA you do have a valid building permit for all of the construction, to make sure it adheres to the building code don't you? Be a shame to fight the HOA to get approval only to have the city come along and tell you it must go.

From our Declaration: paragraph g is what you are requesting.

Section 7.05. Basis for Disapproval of Plans by Architectural
Standards Committee. The Architectural Standards Committee may disapprove
any plans submitted pursuant to Section 7.04 above for any of the following
reasons:
a. failure of such plans to comply with any protective covenants,
conditions and restrictions contained in the Declaration and which
benefit or encumber the Lot or other portion of the Property;
b. failure to include information in such plans as requested;
c. objection to the site plan, exterior design, appearance or materials of
any proposed improvements, including without limitation, colors or
color scheme, finish, proportion, style of architecture, proposed
parking;
33
d. incompatibility of proposed improvements or use of proposed
improvements with existing improvements or uses in the vicinity;
e. failure of proposed improvements to comply with any zoning,
building, health or other governmental laws, codes, ordinances, rules
and regulations:
f. any other matter which in the judgment and sole discretion of the
Architectural Committee would render the proposed improvements,
use or uses, inharmonious or incompatible with the general plan of
improvement of the property or portion thereof or with improvement
or uses in the vicinity, including environmental considerations as set
forth in Section 5.01.
g. In the event of disapproval by the committee, the homeowner
seeking approval may attempt to obtain signatures from two thirds of
the members. If such number of signatures is achieved, the plans
shall be deemed approved.