storage shed

Started by RobertS61 • 10 replies • 1163 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RobertS61 (Arizona)
Posts: 5

Posted:

We have a homeowner who wants to build a storage shed 12'x12'after numerous times he fails to provide the plot plan that is on our acc form.
It appears it will not meet the city codes for location as he has described, I have even provided him information from the city on acceptable locations and he ignors it.
It also says on the acc form he will abide by city codes just before his signature.
Our management company says it's not our responsibility to enforce the codes.
Some want to pass it knowingly it's not up to code.
Anybody ever run into this?
Thanks

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Call the code people who are responsible. Have them coordinate with them. Otherwise, this person has to understand that if they build it, the code people will come to tear it down...Oh and most likely at their expense not the city's or the HOA's.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Typically your architectural docs will say yada, yada, yada, and must meet all local building codes thus if a request does not meet all requirements (including local building codes), then do not approve it. If called out on it just point to the part you believe does not meet local building codes and tell the shed requestor to prove it meets local code. Put the burden on the requestor.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I would deny it for failure to provide all the required information.

I agree it's not the Boards job to enforce codes.

Personally, until the HOA approves it, I wouldn't go through the expense of getting the project approved by the city (permits, etc.)

If concerned, give a provisional approval pending submission of permits.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By RobertS61 on 05/05/2017 11:20 PM
We have a homeowner who wants to build a storage shed 12'x12'after numerous times he fails to provide the plot plan that is on our acc form.

The owner's failure to provide a plot plan required by your ACC form is all the reason you need to deny his request.

RobertS61 (Arizona)
Posts: 5

Posted:

Thanks for all for the great information,
I have since resigned from the board because of this.
I will not be on a board that is blind to the facts and requirements

SueW6 (Michigan)
Posts: 814

Posted:

In our sub, the person must submit plans only for an FYI to the Board, BUT only IF the plans are approved by the municipality first.

If your regulations (CCRs) are MORE restrictive than the city's, then the person needs to get an approval from the board, then they go to the municipality.

DouglasM6 (Arizona)
Posts: 724

Posted:

You quit because of this?

The board should NOT approve anything that is against the building codes. Just let the owner know that if/when he breaks ground, the code enforcement people will be called.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DouglasM6 on 05/08/2017 2:47 PM

The board should NOT approve anything that is against the building codes.

I disagree with the statement as written.

The Board should not approve anything that they know is against building codes.

However, from my experience, a Board typically doesn't fully understand their own governing documents fully. Therefore, I doubt they will keep up on building codes.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RobertS61 on 05/05/2017 11:20 PM
We have a homeowner who wants to build a storage shed 12'x12'after numerous times he fails to provide the plot plan that is on our acc form.
It appears it will not meet the city codes for location as he has described, I have even provided him information from the city on acceptable locations and he ignors it.
It also says on the acc form he will abide by city codes just before his signature.
Our management company says it's not our responsibility to enforce the codes.
Some want to pass it knowingly it's not up to code.
Anybody ever run into this?
Thanks

Quote:

Posted By RobertS61 on 05/07/2017 11:12 AM
Thanks for all for the great information,
I have since resigned from the board because of this.
I will not be on a board that is blind to the facts and requirements

How about you just staying and insuring that you and your neighbors are protected??? So ... at the first sight of any issue you will cut and run???

Yes I have ran into this and our ACC stated "approved as long as meet or exceed the local government building codes". That puts the burden on the Owner to get approval from the City "meeting or exceeding their codes". In my last HOA that is what we did and the owner to date still does not have their shed built. Why ... because we knew would not "meet or exceed the local government building codes". This makes the local government the "bad guy" and not the HOA.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here