2nd story decks

Donna,

Deck issues within my Association is very divided.

Initially, homes in our Association that did not have walk out basements had decks and those who had walk out basements did not. Then, over the years, some homes that had walk outs were authorized decks. Then someone complained and a knee jerk reaction had the Board adopt a guideline saying homes with walkout basements could no longer have decks. When surveyed (as we did about 5 years ago) there was almost a 50/50 split of those who replied (along the lines of those who had and those who did not have decks).

We have been informally advised by our attorney that if challenged the guideline could not be well defended (mainly because decks had already been approved).

The guideline still exists.

For the record, I think everyone who wants a deck should have one.

The most common possible objections people have, although I have no idea what percentage of the community might feel this way, is blocking side views from back yards or possibly privacy concerns, ability to see into neighbors' houses from the deck. Of course, being able to see into windows exists all through a townhome community -- houses are close together. Some homes have more privacy in the back because they back onto an undeveloped floodplain which is a natural wooded area.

When the change was made to allow 2nd story decks as long as the neighbors were OK with it, there were no elevated decks in the community. Now there are plenty. So people might be less scared of the possibility of a neighbor having a deck.

Our deck policy in other respects is pretty scanty. I suppose the people who drafted the policy two decades ago were too focused on the issue of whether to allow them at all. So we have no size restrictions or enclosure restrictions, which should probably be looked at, too. So I will welcome thoughts on those subjects, too.

Sounds like you're on the board, right, Donna? How many THs in your HOA?

Ah, I can see the attraction since decks extend from living areas. I'd want one too.

We're two high rise condo buildings & all have balconies or decks. Privacy isn't an issue because folks wouldn't live here if they didn't want neighbors seeing them on their balconies or in their living areas.

I seems to me that this a good opportunity to clarify your HOA's policy about decks. If you have an ARC, perhaps they can put a proposal together.

Those were the same concerns raised within our Association.

My suggestion is to take a survey of the membership.
It can be expensive, but you will then know how the members feel.

When we did a survey, we included 2 opinion letters.
1 for and 1 against. We invited the most vocal within the membership to write the papers. Our only imitation was that the paper could only be one page in length.

I've attached a copy of our survey questions.

If you would like to know our results, email me. [email protected]

Hope this helps,

TIm

I think you're getting some good advice, here, Donna!