HOA possibly being sued

Started by MelL • 10 replies • 2050 views

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MelL (Missouri)
Posts: 1

Posted:

Our HOA has rejected a plan that we feel is not in harmony with our private development. Which our architectural committee has the right to do. Our covenants state that a detract building if when 1000 feet of roadway must match existing structure. If over a thousand feet then it doesn't have to match but still needs approval. The owner wants to build a metal building but no house exist. It is over a thousand feet. We feel that a house must exist first. So we rejected the plan. He is gone to the board and bypassed the Architectual Committee and threatened to sue because other covenets have be been ignored in the past. This has not been told to me by the property owner but hear say.

SheliaH (Indiana)
Posts: 6,964

Posted:

Well, if it's just hearsay, just ignore it. Anyone can sue over anything, but the question is whether they'll win or not. Lawsuits also cost money, so let him decide if this metal building is worth a lawsuit.

Suing (or threatening to) comes with the territory of running a business (and that's how a HOA should be run) - all you can do is make sure you follow your rules, educate the homeowners on them, and go on from there. If you get something from a court, turn it over to your association attorney and let the chips fall where they may.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Until you are served papers, you are not being sued.

BanksS
Posts: 403

Posted:

Quote:

Posted By MelL on 03/11/2016 6:51 AM
Our HOA has rejected a plan that we feel is not in harmony with our private development. Which our architectural committee has the right to do. Our covenants state that a detract building if when 1000 feet of roadway must match existing structure. If over a thousand feet then it doesn't have to match but still needs approval. The owner wants to build a metal building but no house exist. It is over a thousand feet. We feel that a house must exist first. So we rejected the plan. He is gone to the board and bypassed the Architectual Committee and threatened to sue because other covenets have be been ignored in the past. This has not been told to me by the property owner but hear say.

This structure would not be allowed in my subdivision per county building code. You may want to check that out.

MarkM31 (Washington)
Posts: 351

Posted:

Quote:

Posted By BanksS on 03/11/2016 10:54 AM

This structure would not be allowed in my subdivision per county building code. .

You sure about that?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mel,

Although I agree that a house should be on the property first.
The individual may be utilizing the shed as a storage facility for building material for a house.

If challenged (as threatened), I'm not positive you would win.
This is because the request is in compliance with the covenants.
I gather from your posting that the Association has allowed similar structures.

The only difference, as you pointed out, is that the shed is going up prior to a house.

I see your point (I truly do) about wanting the house built first.
However, there is no written requirement for this. Therefore, the Association is on questionable ground.

You may want to seek an opinion from a couple of attorneys.

The questions to ask (in my opinion) are:

1) Did the Association have the authority to deny the request based solely on the house not being there?

2) If challenged in court, what is the percentage of the judge ruling for the Association?

3) If the percentage is over 50%, are there any legal precedents for such a ruling and what are they?

It might cost you up to a $1,000 for an opinion.
However, it could be money well spent.

BanksS
Posts: 403

Posted:

Quote:

Posted By MarkM31 on 03/11/2016 12:12 PM

Posted By BanksS on 03/11/2016 10:54 AM

This structure would not be allowed in my subdivision per county building code. .

You sure about that?

Just within the last couple of years the county code was changed so that there must be a residence attached to the structure or on the same lot or directly adjacent to the lot. I know this because my neighbor was going to build a large boat storage on a lot he owns that is not directly adjacent to the residence lot and he was denied a building permit. There was a boat storage building erected two years ago in my subdivision that has living quarters in the upper part of the structure.That is per county code.

Why do you question this? I think this is fairly common in residential areas.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I was more curious why Mark was questioning your knowledge of your own County code.

MarkM31 (Washington)
Posts: 351

Posted:

Quote:

Posted By TimB4 on 03/11/2016 12:53 PM

I was more curious why Mark was questioning your knowledge of your own County code.

Because after a life time in construction supervision, I'm used to amateurs, tradesmen, superintendents, busy bodies, building officials and especially the dreaded home inspectors talking about what "code" is, and actually just talking about a figment of their imagination.

And in fact what Banks is talking about likely isn't even building code, but is in fact land use or zoning requirements.

Carry on

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Never live under the threat of being sued as a reason to "protect" or take action... It holds NO power! Don't ever let it. Like everyone else says... Your going to be threatened to be sued. It's a last ditch power play by a losing/injured party. Remember always that a court can ONLY make one "Whole" NEVER a profit. So if someone threatens to sue, tell them to go ahead. Will be waiting on the paperwork... Otherwise let's talk solutions and restrictions...

Former HOA President

BanksS
Posts: 403

Posted:

Quote:

Posted By MarkM31 on 03/11/2016 8:32 PM

Posted By TimB4 on 03/11/2016 12:53 PM

I was more curious why Mark was questioning your knowledge of your own County code.

My mistake. You are right , it would be a zoning law. I think the OP got my point whether it's building code or a zoning law. I was just making asuggestion that the OP check with County authorities because that structure may not be permitted where they live.

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