Garage Additions

Started by JohnL42 • 8 replies • 492 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JohnL42 (Arizona)
Posts: 2

Posted:

Our CC and R's state

5.2.1. General. 5.2.1.1. Single Family Residential Use. No structure whatsoever, other than one private, Single Family residence, together with a private garage for not more than four cars and guest residence, one gazebo, one tennis court, one swimming pool, and one storage facility (all of which must be approved in advance by the Review Committee in accordance with this Declaration) shall be erected, placed or permitted on any Lot limited to Single Family Residential Use.

We have always taken it to mean A private garage meaning one garage. The current new BOD has decided to over rule the Architectural Review committee and rewrite the design guidelines to allow more than one garage. It has been no garages other than one for over 12 years. Dictators to say the least!!!

ND (PA)
Posts: 792

Posted:

The addition of the "one storage facility" in that listing of structures kind of muddies the waters a bit IMO.

One could interpret that storage facility to be a small shed (for storing yard tools), or it could be a whole separate garage-like structure (for storing vehicles, boats, ATV, camper, etc.) . . . much depends on the homeowner's items to be stored in their one storage facility.

KerryL1 (California)
Posts: 14,550

Posted:

Since the declaration (CC&Rs) says one garage, I do not think the Board can override it and say two garages. The thing is: what to do about it?

TimB4 (Tennessee)
Posts: 21,059

Posted:

I agree that the wording implies only one garage.

However, since the Board is interpreting the wording to mean two garages, anyone opposed will likely need to take legal action to have a ruling done. This should be done prior to any building starting along with requesting the court to issue a hold on any construction until the case is finalized.

MichaelS56 (Minnesota)
Posts: 859

Posted:

It is unfortunate that some Board members cause so many owners to have to go the way of having to hire an attorney. The owner ends up paying twice, once for their own attorney to fight the Board and second payment comes from their monthly assessments paid by the Board to protect their decision. If the Board looses the decision, I hope the court orders only those Board members should personally have to pay the legal fees.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Reviewed the comments - gonna take another angle, again.

I get two things from the garage language:
1. "private" - ie can't build and rent out, only for use of the folks who build the house
2. "a" - meaning a minimum, perhaps? Or, since it was an "a" versus the other restrictive language use of "single"

I think fighting the approval of more than one garage in court is a loser.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

JohnL

Not to say I agree with the BOD decision but the BOD was elected to run the association not the ARC.

ChadH3 (Alabama)
Posts: 50

Posted:

Quote:

Posted By ND on 02/03/2021 2:18 PM
The addition of the "one storage facility" in that listing of structures kind of muddies the waters a bit IMO.

One could interpret that storage facility to be a small shed (for storing yard tools), or it could be a whole separate garage-like structure (for storing vehicles, boats, ATV, camper, etc.) . . . much depends on the homeowner's items to be stored in their one storage facility.

I agree. The vagueness of "storage facility" would probably be problematic if it were challenged in court. That definitely was not well written.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By JohnL42 on 02/03/2021 12:20 PM
Our CC and R's state

5.2.1. General. 5.2.1.1. Single Family Residential Use. No structure whatsoever, other than one private, Single Family residence, together with a private garage for not more than four cars and guest residence, one gazebo, one tennis court, one swimming pool, and one storage facility (all of which must be approved in advance by the Review Committee in accordance with this Declaration) shall be erected, placed or permitted on any Lot limited to Single Family Residential Use.

We have always taken it to mean A private garage meaning one garage. The current new BOD has decided to over rule the Architectural Review committee and rewrite the design guidelines to allow more than one garage. It has been no garages other than one for over 12 years. Dictators to say the least!!!

I think "a private garage... and one storage facility" are ambiguous enough that a Court would say the covenant is interpreted against the drafter (meaning the Association's Declarant) and in favor of the individual owners. Meaning a Court might very well rule that the Board's decision to say this means two garages is lawful.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here