carports

Started by DeniseS7 • 5 replies • 555 views

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DeniseS7 (Washington)
Posts: 2

Posted:

We have carports that are owned and deeded to homeowners. the HOA is wanting Owner to pay to put on a garage door to prevent homeless and drug activity all but one has done this. Can the HOA enforce the Owner to enclose the carport?

AugustinD
Posts: 5,144

Posted:

Without providing your governing documents in their entirety, your question is probably impossible to answer without a very long exchange.

The "moderators" here ask that anyone posting governing documents remove identifying information.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Your documents may allow the HOA to pay to put on the door and then send the owner the bill. If the owner doesn't pay the bill, they can then lien them for it. Kind of an extreme step. However, if every member wants a garage door installed, then footing the bill may be needed.

Former HOA President

SheliaH (Indiana)
Posts: 6,964

Posted:

Has the board asked that homeowner why he/she hasn't installed the door? They're not cheap and perhaps there's a money issue - if so, perhaps you can work with the owner on setting a deadline.

If nothing happens, you'll have to consult your documents and maybe your association attorney to see what your options are, because if the homeowner owns the carport, the HOA may not have the authority to compel installation.

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

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Denise

Did the association mandate and pay for the doors and who maintains them? If all done except one, I say that person could be forced to do it to "maintain a common look" or whatever similar wording in yours docs.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DeniseS7 on 03/05/2020 7:55 PM
We have carports that are owned and deeded to homeowners. the HOA is wanting Owner to pay to put on a garage door to prevent homeless and drug activity all but one has done this. Can the HOA enforce the Owner to enclose the carport?

How long have units been owned and deeded to homeowners in past without garage doors? Do the CCR’s note that all owners must have garage doors? If they do not then potentially all other owners need to amend the CCR’s to require (which should not be difficult since majority already have). Then you can enforce on the one not in compliance. Depending on your answers you might be screwed for one owner not complying.

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