HeikeV (Arizona)
Posts: 5
Posts: 5
Posted:
Here is my case and I am looking for some input on how to handle the situation without necessarily involving a lawyer:
CC&R; Architecural Control:
No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, not shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Developer prior to the completion of the development and thereafter by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the vent said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted it, it shall be presumed that the Board disapproves said plane and no changes or alterations are permitted.
So, one day across my backyard and visible from my living space (kitchen, living room, guest and master bedroom as well, of course, the backyard) this construction goes up. First, admittedly, I didn't think much of it since previous owners had RV's that could be easily moved out of sight between the house and the wall, which I thought would happen here again. Well, I was very wrong. I asked the President of the HOA what it is and he said, "Oh, just a shed!" I then proceeded to this neighbor to ask whether this installation is permanent or will me moved out of my sightline. He said that it is, in fact, permanent at this location and height. He continued that the HOA President approved it after he had submitted the plans to him and that it is to county specification.
I was floored. Being Secretary of the Board and the impacted neighbor I didn't know what to reply. Incidentally, the next day we had a scheduled Board meeting.
I send an email to the President to be ready to answer some hard questions on the construction across my line of sight from every angle. As a side note he resigned, stating some family occurrences and being too busy to keep up but retracted without it being recorded on his wish in the minutes during the Board meeting. In this meeting he addressed the construction and apologized to the Board for not submitting the plans to the Board and admitted that he alone approved the building, if county specification are being followed. Now, I don't know how hard it is to read plans since I never seen any of them or what measurements and location they include.
Next, in the meeting, an Architectural Committee was created. I said I would abide by their resolution and that I would be home over the weekend to have the committee come by and look at my obstructed view. I made very, very clear that I have nothing against a shed in his backyard but I want it either moved or reduced in height. The committee never showed up. On Wednesday after the meeting I receive the following from the HOA President addressed to the full board:
All,
Upon the recommendations of the HOA board at the last meeting, I took the liberty to poll as many neighbors adjacent to the shed construction as were available. Of the 7 neighbors that I visited, 3 were available for comment. When asked if either they approve or disapprove of the shed construction, all three stated approve.
I spoke personally to all 3 Architectural Control Board Members after the polling. I explained the neighborhood polling outcome and the proposed amendment to Architectural Control that was discussed in last Saturday's Board Meeting. All three Architectural Control Board Members voted to approve the shed construction.
Based upon the neighborhood polling, and the votes of the Architectural Board, the shed construction is approved and will continue. However, I will ask Tom if he would be able to reduce the vertical footprint of the shed down to the bare minimum.
As was stated in several board meetings, our CC&R's are quite vague, and in need of modification and updates. As we become more organized, and encounter other situations, we must be flexible, yet determined to modify those situations that pose an issue to the board and to the community.
Thank you all for your assistance and support regarding matters pertaining to our HOA. I feel lucky to have such outstanding Board Members and neighbors such as yourself.
Regards,
I was, and not a little, irritated that the committee never showed up and that the President instead of removing himself from this case involved himself even more. Additionally, in mu opinion
he seemed to have influenced the committee members against me to cover his butt for the wrong doing. He also said the would talk to the neighbor about the height and when I saw that construction is commencing and texted the President he said he had talked to the neighbor and that the neighbor promised to keep the roof as flat as possible. I am livid every time I look out my windows or step into my back. I am unable to attache jpg but cannot even start to see how this thing will look once it manages to get finished.
What are my options? I requested the reasons for approval based on the Architectural Control section of the CC&R's but am being ignored. I now, of course, do not trust the board to do the right thing if it goes back in front of it, which I might manage based on the architectural section.
Thank you for reading!
CC&R; Architecural Control:
No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, not shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Developer prior to the completion of the development and thereafter by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the vent said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted it, it shall be presumed that the Board disapproves said plane and no changes or alterations are permitted.
So, one day across my backyard and visible from my living space (kitchen, living room, guest and master bedroom as well, of course, the backyard) this construction goes up. First, admittedly, I didn't think much of it since previous owners had RV's that could be easily moved out of sight between the house and the wall, which I thought would happen here again. Well, I was very wrong. I asked the President of the HOA what it is and he said, "Oh, just a shed!" I then proceeded to this neighbor to ask whether this installation is permanent or will me moved out of my sightline. He said that it is, in fact, permanent at this location and height. He continued that the HOA President approved it after he had submitted the plans to him and that it is to county specification.
I was floored. Being Secretary of the Board and the impacted neighbor I didn't know what to reply. Incidentally, the next day we had a scheduled Board meeting.
I send an email to the President to be ready to answer some hard questions on the construction across my line of sight from every angle. As a side note he resigned, stating some family occurrences and being too busy to keep up but retracted without it being recorded on his wish in the minutes during the Board meeting. In this meeting he addressed the construction and apologized to the Board for not submitting the plans to the Board and admitted that he alone approved the building, if county specification are being followed. Now, I don't know how hard it is to read plans since I never seen any of them or what measurements and location they include.
Next, in the meeting, an Architectural Committee was created. I said I would abide by their resolution and that I would be home over the weekend to have the committee come by and look at my obstructed view. I made very, very clear that I have nothing against a shed in his backyard but I want it either moved or reduced in height. The committee never showed up. On Wednesday after the meeting I receive the following from the HOA President addressed to the full board:
All,
Upon the recommendations of the HOA board at the last meeting, I took the liberty to poll as many neighbors adjacent to the shed construction as were available. Of the 7 neighbors that I visited, 3 were available for comment. When asked if either they approve or disapprove of the shed construction, all three stated approve.
I spoke personally to all 3 Architectural Control Board Members after the polling. I explained the neighborhood polling outcome and the proposed amendment to Architectural Control that was discussed in last Saturday's Board Meeting. All three Architectural Control Board Members voted to approve the shed construction.
Based upon the neighborhood polling, and the votes of the Architectural Board, the shed construction is approved and will continue. However, I will ask Tom if he would be able to reduce the vertical footprint of the shed down to the bare minimum.
As was stated in several board meetings, our CC&R's are quite vague, and in need of modification and updates. As we become more organized, and encounter other situations, we must be flexible, yet determined to modify those situations that pose an issue to the board and to the community.
Thank you all for your assistance and support regarding matters pertaining to our HOA. I feel lucky to have such outstanding Board Members and neighbors such as yourself.
Regards,
I was, and not a little, irritated that the committee never showed up and that the President instead of removing himself from this case involved himself even more. Additionally, in mu opinion
he seemed to have influenced the committee members against me to cover his butt for the wrong doing. He also said the would talk to the neighbor about the height and when I saw that construction is commencing and texted the President he said he had talked to the neighbor and that the neighbor promised to keep the roof as flat as possible. I am livid every time I look out my windows or step into my back. I am unable to attache jpg but cannot even start to see how this thing will look once it manages to get finished.
What are my options? I requested the reasons for approval based on the Architectural Control section of the CC&R's but am being ignored. I now, of course, do not trust the board to do the right thing if it goes back in front of it, which I might manage based on the architectural section.
Thank you for reading!
