EliseA (Tennessee)
Posts: 2
Posts: 2
Posted:
We have a new homeowner moving into our neighborhood who has informed us that he intends to build a 30 x 40 metal shed for his boat. He was given the covenants before he put an offer on the house, but is now claiming 'hardship' (He feels he should get a variance because he didn't fully understand the restrictions before buying the house.)
The structure breaks at least 3 covenants (incompatible materials, no front facing garages, detached structures) and the size is VERY large - it is equal in size to the footprint of the main house.
We are going to be forced to 'lawyer up' as a voluntary HOA (I am a former officer and on the architectural review committee). His proposed structure is going to be an eyesore and is completely inappropriate for the nature of our neighborhood.
My question: Would I stand a better chance of fighting him as an individual homeowner who's property value will be negatively impacted by this structure (BTW, we live next door), or should we fight this as an HOA? My understanding is that HOAs usually lose cases like this.
The structure breaks at least 3 covenants (incompatible materials, no front facing garages, detached structures) and the size is VERY large - it is equal in size to the footprint of the main house.
We are going to be forced to 'lawyer up' as a voluntary HOA (I am a former officer and on the architectural review committee). His proposed structure is going to be an eyesore and is completely inappropriate for the nature of our neighborhood.
My question: Would I stand a better chance of fighting him as an individual homeowner who's property value will be negatively impacted by this structure (BTW, we live next door), or should we fight this as an HOA? My understanding is that HOAs usually lose cases like this.