TD1 (Florida)
Posts: 4
Posts: 4
Posted:
Greetings all. First post and looking for some advice from anyone who's been in a similar situation. Our community is still being built and the developer/builder (one in same) still works on-site from a model home office. There are only 18 lots left to sell and I believe he represents a 3:1 vote ratio for each remaining unsold lot for ARC related issues. The builder's father sold the business to him a couple of years ago, and our community is divided into Phase 1 & Phase 2. Here's the issue at hand.
Phase 1, which consists of approximately 100 homes, had "Set A" of Covenants & Restrictions to abide by and mainly; they were all allowed to erect their metal storage sheds, RV carports, utility sheds, etc. of their choosing and continue to do so to this day. Phase 2, which consists of approximately 50 homes, has the remaining 18 unsold lots. When we bought & built a year ago, the builder had us sign a "No metal structures" form advising they were not allowed. **This is the important piece of info**....the community is entirely under the same HOA and only this one sentence form was created as an addendum during contract signing by the builder. The reason is because the son who took ownership is making money by charging for unattached garages in Phase 2 without any other option being provided. This was NOT the case for Phase 1.
This is perhaps the most damning piece of info that brings me to my point and request for guidance. The builder himself violated Phase 2's C&R's because one homeowner refused to sign the addendum or purchase the house unless the builder agreed to build their unattached METAL carport. The builder agreed with a stipulation that once it was constructed the entire structure would be cosmetically covered to resemble the home (brick wall around the rear storage area and metal support posts covered to look like matching white vinyl columns). You can imagine the uproar created by this from the other resident who were forced (before "AND" after) this to purchase unattached brick garages or do without.
I am wanting to erect a metal structure for our RV that would also have a utility storage area in the rear, and I would also cover it with brick walls, shingled roof, and white columns to match our home. The builder is refusing permission citing that he has control over the ARC and will not allow it because "...he doesn't want to go through what he did when he built the previous metal structure causing all of the fall out." I am not confident that he has a legal standing on this issue and am desperately seeking advice. There are NUMEROUS other Phase 2 residents who want to do nothing more than what a lot of the Phase 1 residents have done and are STILL doing to this day- build metal structures.
Any advice would be **GREATLY** appreciated on how best to proceed. I don't want to just "do it" and then find myself in a legal battle resulting in a loss or litigation. Thank you in advance!!
-T.
N. Florida
Phase 1, which consists of approximately 100 homes, had "Set A" of Covenants & Restrictions to abide by and mainly; they were all allowed to erect their metal storage sheds, RV carports, utility sheds, etc. of their choosing and continue to do so to this day. Phase 2, which consists of approximately 50 homes, has the remaining 18 unsold lots. When we bought & built a year ago, the builder had us sign a "No metal structures" form advising they were not allowed. **This is the important piece of info**....the community is entirely under the same HOA and only this one sentence form was created as an addendum during contract signing by the builder. The reason is because the son who took ownership is making money by charging for unattached garages in Phase 2 without any other option being provided. This was NOT the case for Phase 1.
This is perhaps the most damning piece of info that brings me to my point and request for guidance. The builder himself violated Phase 2's C&R's because one homeowner refused to sign the addendum or purchase the house unless the builder agreed to build their unattached METAL carport. The builder agreed with a stipulation that once it was constructed the entire structure would be cosmetically covered to resemble the home (brick wall around the rear storage area and metal support posts covered to look like matching white vinyl columns). You can imagine the uproar created by this from the other resident who were forced (before "AND" after) this to purchase unattached brick garages or do without.
I am wanting to erect a metal structure for our RV that would also have a utility storage area in the rear, and I would also cover it with brick walls, shingled roof, and white columns to match our home. The builder is refusing permission citing that he has control over the ARC and will not allow it because "...he doesn't want to go through what he did when he built the previous metal structure causing all of the fall out." I am not confident that he has a legal standing on this issue and am desperately seeking advice. There are NUMEROUS other Phase 2 residents who want to do nothing more than what a lot of the Phase 1 residents have done and are STILL doing to this day- build metal structures.
Any advice would be **GREATLY** appreciated on how best to proceed. I don't want to just "do it" and then find myself in a legal battle resulting in a loss or litigation. Thank you in advance!!
-T.
N. Florida