Possible violation

Started by MrC • 12 replies • 1663 views

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MrC (Maryland)
Posts: 4

Posted:

Hi to all,

Long time lurker first time poster so bare with me, i'll to be brief. I think I might have made a mistake as I installed some windows without contacting the HOA, the old windows were probably originals that came with the house, so I decided to replace them with the exact kind of window. But I noticed that some of my neighbors windows are different style, I checked all over the community and people have all kinds of windows in the houses, different styles. Some are the original windows, some are the original window style some are a different style. Heck, some houses have 2 different styles in the same room!

Now i'm worry to be penalize by the HOA and forced to change the windows. I know I should wait for HOA to contact me before I start to worry, I know I should've contacted them, but I taught since I was just replacing the window with the same kind of style that was there, that I could just do it. I just replace the original windows with the same style of window, just that my neighbors have a different style and it makes my windows to stand out.

Could I be fine and forced to change the windows even though there's several houses with all kinds of different style of windows in the community ?

Thanks in advance.

DonA2 (Arizona)
Posts: 170

Posted:

I'd submit the paper work for a change, even though the change has already been done. Or contact the HOA. Don't wait for them to contact you. If it didn't really change the exterior appearance of the house, I don't think you have much to worry about. But again, I'd contact the HOA and see how they want you to proceed.

MrC (Maryland)
Posts: 4

Posted:

Quote:

Posted By MrC on 08/04/2015 7:39 AM
Hi to all,

Long time lurker first time poster so bare with me, i'll be brief. I think I might have made a mistake as I installed some windows without contacting the HOA, the old windows were probably originals that came with the house, so I decided to replace them with the exact kind of window. But I noticed that some of my neighbors windows are different style, I checked all over the community and people have all kinds of windows in the houses, different styles. Some are the original windows, some are the original window style some are a different style. Heck, some houses have 2 different styles in the same room!

Now i'm worry to be penalize by the HOA and forced to change the windows. I know I should wait for HOA to contact me before I start to worry, I know I should've contacted them, but I taught since I was just replacing the window with the same kind of style that was there, that I could just do it. I just replace the original windows with the same style of window, just that my neighbors have a different style and it makes my windows to stand out.

Could I be fine and forced to change the windows even though there's several houses with all kinds of different style of windows in the community ?

Thanks in advance.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Does your community have published specifications for windows? Do yours comply with those specs?

Sikubali jukumu. Read all posts at your own risk.

MrC (Maryland)
Posts: 4

Posted:

It just says that any structural changes must be approved by the Architectural committee. Does not mention anything about windows.

DouglasK1 (Florida)
Posts: 2,046

Posted:

There's a large variability in how different HOAs handle Architectural Review. Some are very strict, others very lax. Have you talked to your neighbors who have changed windows to see if they had any approval first? If your HOA is lax, you probably will never hear anything. If it is strict, you probably would have had a busybody ARC or board member hollering and waving a clipboard at the installers while they were still working.

Escaped former treasurer and director of a self managed association.

ND (PA)
Posts: 792

Posted:

They say "honesty is the best policy", right?

In this case, I recommend being honest . . . but not completely. Submit the paperwork immediately, and admit your mistake. Indicate that you've only just now become aware of the requirement to submit paperwork. Apologize appropriately for the oversight and lack of knowledge of the process.

Hopefully that will work out for you.

However, this won't work if you have previously submitted paperwork for a different exterior change. If that's the case, then you've already shown them that you know how the process is supposed to work.

ND (PA)
Posts: 792

Posted:

Quote:

Posted By MrC on 08/04/2015 8:22 AM
It just says that any structural changes must be approved by the Architectural committee. Does not mention anything about windows.

I'm reading more closely now . . .

If your documents indeed say that "structural changes" must be approved, then I don't believe replacing your windows is a structural change. Therefore, you've done nothing wrong by not having it reviewed first.

A different approach could be that you just wait to hear from the HOA (if you ever do) and then debate this point with them . . . that your windows are a cosmetic change, but not a structural one. I assume you've installed new windows in the exact same places where the old ones existed and did nothing to enlarge or lessen the opening where the windows went.

Someone with more construction expertise could probably answer better.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By ND on 08/04/2015 9:56 AM

Posted By MrC on 08/04/2015 8:22 AM
It just says that any structural changes must be approved by the Architectural committee. Does not mention anything about windows.

If your documents indeed say that "structural changes" must be approved, then I don't believe replacing your windows is a structural change.

If that's all your docs say, then I would agree.

Sikubali jukumu. Read all posts at your own risk.

KerryL1 (California)
Posts: 14,550

Posted:

I agree with ND & NpS IF, in fact, that's everything your document say about the topic.

MrC (Maryland)
Posts: 4

Posted:

Thank you all for the responses. I will update later on.

CyrstalB (Maryland)
Posts: 457

Posted:

Mr. C, they will not force you to take the windows out, you are replacing the existing structure. Send the application in with a cover letter, explaining that although the CCR says any structural change, you did not feel you were changing your structure but wanted to send in the paperwork anyway.

The worst they will do is fine you and you your CCR's will tell you what that fine is or at least whether or not they can fine you.

MichelleK5 (New York)
Posts: 161

Posted:

In my HOA we're allowed to do whatever we want on the inside (even structurally) provided the outside doesn't change. So the house must remain two stories, and there must be a 2 car attached garage. The homes are all supposed to be rustic so even painting requires the homes be stained (no paint) and remain in the brown family. That's it.

Since we're in the middle of a major renovation, I recently replaced the kitchen window which was very small, with a wall of slider windows. It looks gorgeous, and now there's actual light in my kitchen.

I did not ask my HOA for approval. In fact, didn't even think of it to be honest.
I did have a few members on the board see the change and compliment me on it. I mean the truth is does looks 100% better.

If you have a reasonable HAO that's somewhat lax, maybe you can invite some members over to see the change and get their opinion. If it looks better, they may not have a problem with it at all.

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