ACC/RESTRICTIONS

Started by DanielL3 • 4 replies • 569 views

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DanielL3 (Louisiana)
Posts: 65

Posted:

Would appreciate comments on this situation.

Our HOA has restrictions clearly citing no other buildings, sheds, etc. are to be erected on lot. The only building allowed is the home.

A resident submitted to our ACC a request to install a large shed in his rear yard. The ACC did not meet on this issue but one member
Decided to approve and signed the OK to install the shed. When shed was installed the next door neighbor complained about the shed,
Citing it is against our restrictions to do so and how was it approved by the ACC.
THE board decided to contact their attorney for a response.

TimB4 (Tennessee)
Posts: 21,062

Posted:

The board did the right thing in contacting the attorney.

Since the owner requested permission and received it, the Association may have to make the owner whole if they force them to remove it. Making whole means to pay the cost of the shed (less any return value), the install, the removal and restoring the land to what it was.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Where was the board in all of this? Doesn't the ACC need to do a final approval via the board? Seems to have a rogue ACC is an issue.

Now if a majority of people are not against sheds, then you all may be able to modify your documents to allow them. That may be your best option instead of singling one person out whom maybe most want the same option.

Former HOA President

SheliaH (Indiana)
Posts: 6,964

Posted:

Good advice from Tim and Melissa.

I would add that the Board remove whoever decided to approve this without putting it to a vote by the entire committee and for clearly going against the CCRs. If the board decides the shed has to go, I'd make that now former committee member responsible for all the homeowner's expenses in removing it (THAT should teach him/her from behaving like the lone ranger again).

This might also be a good time to review the committee's procedures and protocols. If it was established by the board, the board may need to prohibit any final decision by the committee. The committee can review exterior change requests, but perhaps make recommendations to the board as to whether it should be approved or not, and the reason why. It shouldn't take very long to review and grant final approval/disapproval during a regular board meeting.

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

DanielL3 (Louisiana)
Posts: 65

Posted:

Thanks to all for excellent comments.

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