Refusal of the ARB to approve sheds

We have a few people in our community (a clique) more than anything that refuses to read the covenants the way they are written, For example this what our covenants state about sheds at the attachment. Rather than read that as sheds are permitted some ARB members state that sheds are not allowed. Others state there is no definition on temporary (I have no idea what that means about sheds being permitted) and others state that it will be bring down our property values which for me is purely opinion, I have owned 8 homes, the first 6 had sheds and not once did I use the shed as a determination on whether to buy the house. I sold all of my homes for more than I paid and it was during and after the recession. I am a little frustrated because our covenants indicate that sheds are permitted.

One final point we live a community that has 2 HOA boards. The main street going through the community divides the two sections. The first phase I and II has about 146 homes and then the developer went bankrupt, our phase 69 parcels and both our covenants state the same wording which is attached. The difference is our sister HOA board allows sheds as long as they are behind a fence or the house.

Any thoughts by anyone?

The sheds are not attached. They just refuse to approve any sheds period.

you need to replace the ARB, get on the ARB, or hold the ARB to the fire, and request a list of approved sheds/designs that they would consider approving.

Sheds are temporary structures as per the IRC.

Your CC&R's allows sheds as long as they (pass the criteria)

The criteria which sheds must meet is not stated.

Your HOA needs bylaws clarifying what criteria must be met.

Kassem

According to the attachment you provided, shed ARE allowed, no ifs, ands or buts. They are allowed as long as the ARB approves. There should be standard guidelines for which an approval is measured. Height, which side of property, set back, color. It is the responsibility of the ARB to creates those guidelines or you could be up against some form of legal challenge. Then you start spending association monies defending yourself.

Fix the problem ahead of time. My suggestion, create guidelines, mail out to owners for a 30 days comment period and have both the ARB and Board finalize and approve. Once approved, mail a finalized copy to owners and post on either your website or web portal, if available.

KassemS(Fla) As well noted by others above, (temporary) sheds are worded compliant as long as prior approved by ARB above. But Heaven & Hell to induce that approval . . . ? ? But is there a silver lining ?

With a team of lawyers to back you, the last dangling sentence in your attachment ( "Section 8 No Temporary Buildings" ) might be argued to NOT rule out a GYPSY CARAVAN selling fortunes or charms etc .

As long as for 'sales activity during selling period' ( ? intended for the developer's onsite sale trailer ? ) I wonder what your neighbours would think about that ?

The gypsies had a rough time trying that here. Would have to comply with 'residential uses only' if there is such a covenant among yours . . ?