Arcitectural quesion

Started by JudyA3 • 9 replies • 2084 views

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JudyA3 (Texas)
Posts: 14

Posted:

Hello, I'm new here and I wish I found this site a long time ago.

I've tried to educate myself with our bylaws and CCR but now have a few questions.

In our CCR under Architectural Control Committee it says:

no erection of buildings or exterior additions or alterations to any buildings situated upon the properties nor erection of or changes or additions in fences, hedges, walls and other structures.

If I want to hang a solar shade from the overhang (soffitt area??, not sure what you call it) would this be considered "altering" or erection of change?

Our community has 89 residents, most of them are original owenrs (1973). There is one couple who has this shade hanging for the last ten years and never asked for permission. I don't want to cause any issues for them if I ask to put one up too. We both face west and it's over 104 outsdie, our inside rooms are HOT.

Thanks!

DouglasK1 (Florida)
Posts: 2,046

Posted:

Here's a thread from someone who already had work done, but conceptually, it's not too much different.

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/199801/view/topic/Default.aspx

As I said there, some associations are fairly relaxed and wouldn't say a thing, others are very strict and actively look for violations and cite them. Since you haven't put up the shade yet, the simplest option would seem to be to just put in an application to have the shades approved and see what happens.

Escaped former treasurer and director of a self managed association.

JudyA3 (Texas)
Posts: 14

Posted:

Thanks for the response Doug.

I did submit a request and was approved with the condition that I must hang it over the door frame and tie it down.

In my application I mentioned that prior owners installed swing out doors and by placing it over my door frame, I would not be able to open my door correctly (damaging the solar shade) and then tying it down would obstruct my use of the door as a fire exit. Other than me having to climb up on a ladder, over a balcony to remove the tie downs.

My HOA is a "good ole boy group". Original owners have made all the changes they want and now with newcomers wanting the same thing
it's a NO.

The CCR nor bylaws have nothing spelled out on what you can/cannot have other than what I already posted.

Our ARC is one person and she is part of the good ole boy group as well.

My questioning of this is really for the 80 yo couple who will be forced to remove theirs because I asked to have mine in the same spot.

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By JudyA3 on 08/05/2015 4:19 PM
Thanks for the response Doug.

I did submit a request and was approved with the condition that I must hang it over the door frame and tie it down.

In my application I mentioned that prior owners installed swing out doors and by placing it over my door frame, I would not be able to open my door correctly (damaging the solar shade) and then tying it down would obstruct my use of the door as a fire exit. Other than me having to climb up on a ladder, over a balcony to remove the tie downs.

My HOA is a "good ole boy group". Original owners have made all the changes they want and now with newcomers wanting the same thing
it's a NO.

The CCR nor bylaws have nothing spelled out on what you can/cannot have other than what I already posted.

Our ARC is one person and she is part of the good ole boy group as well.

My questioning of this is really for the 80 yo couple who will be forced to remove theirs because I asked to have mine in the same spot.

Why would the 80 year old couple be forced to remove theirs?

JudyA3 (Texas)
Posts: 14

Posted:

When I spoke to the management company asking them to speak with the ARC regarding my door swings out concerns, I said that mine would be "in Harmony" with the other one. She said that the ARC will be notifying them that it must be removed by Nov 1st, even though theirs has been up for 10 years (no approval for it). Management company see's both sides and agrees with me but she can't get this board out of the mud.

Three of our 5 board members have been on the board for over 25 years..... good ole boys!!

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By JudyA3 on 08/05/2015 5:04 PM
When I spoke to the management company asking them to speak with the ARC regarding my door swings out concerns, I said that mine would be "in Harmony" with the other one. She said that the ARC will be notifying them that it must be removed by Nov 1st, even though theirs has been up for 10 years (no approval for it). Management company see's both sides and agrees with me but she can't get this board out of the mud.

Three of our 5 board members have been on the board for over 25 years..... good ole boys!!

When I asked about putting up a partial fence in my backyard, I was told absolutely not. When I asked why, as I've seen others with fences, I was told the by-laws have changed
and those were grandfathered in. In other words "sh!t out of luck".

Finally, a few weeks ago (after putting in a huge presentation with drawings on graph paper, pictures, company name of who's installing, etc.) we did get approved, but it wasn't an easy process.
Had they stood by the "grandfathered" in bull, I'm not sure what I could have done. Hoping that's not the case with you.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JudyA3 on 08/05/2015 1:33 PM

If I want to hang a solar shade from the overhang (soffitt area??, not sure what you call it) would this be considered "altering" or erection of change?

YES!

Seek prior approval before making any changes that affect the looks on the exterior of the home (this includes windows, doors, paint, etc.)

CyrstalB (Maryland)
Posts: 457

Posted:

Quote:

Do you want some cheese with this whine? Since you've passed judgement on your current board, either put up by getting on the board, shut up and let it be or move out of the HOA. At this point you will not be happy with anything they say or do. So save yourself some stress and get the heck out.

JudyA3 (Texas)
Posts: 14

Posted:

No thank you Crystal I don't drink wine.

I know the facts and what I have seen. I would like to see fairness to ALL homeowners and for the board to make ethical decision and good business judgement and not personal judgement.

CyrstalB (Maryland)
Posts: 457

Posted:

Quote:

Posted By JudyA3 on 08/06/2015 6:20 AM
No thank you Crystal I don't drink wine.

I know the facts and what I have seen. I would like to see fairness to ALL homeowners and for the board to make ethical decision and good business judgement and not personal judgement.

Unless you have sat in on every single decision or meeting that your board has made through it's tenure, you do not know all of the facts. Nor will you ever. But typical HOA members make this same assumption, so you are not alone in the ignorance of how an HOA and it's board actually works.

Maybe your board would like to say the same thing, "I would like to see fairness to ALL board members and for the home owners to make an ethical decision and good business judgement and not personal judgement when they attack the board with what they perceive as unfair decisions that are made by the board."

If you can use your personal judgement as you have done here by throwing them under the bus, then why can't they?

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