LuanneR1 (Florida)
Posts: 3
Posts: 3
Posted:
Our HOA is in FL and is an equestrian community. The ARB/BOD is not allowing a member to erect a metal horse barn on their 10-acre property. The member contacted an HOA attorney and is threatening to sue the HOA. I have seen the plans and they are very nice.
Our HOA covenants have the following regarding buildings:
"No garage or structure other than a developer's temporary structure shall be erected on any Lot prior to the construction of a dwelling. If a garage or accessory building is built either simultaneously with or subsequent to the construction of the residential unit, the garage or accessory building shall be of the same kind of material as the dwelling and shall conform architecturally with the dwelling, unless otherwise approved by the ARB. Metal barns will be considered for approval by the ARB."
Our ARB handbook also says: "it is anticipated that equestrian facilities will be approved that vary in construction type and material from the dwelling."
Our Covenants are not exactly in compliance with FL Statute 720.3035(2) that was enacted to prevent HOAs from having "discretionary" approvals. The law says: "if the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants provides options for the use of material, the size of the structure or improvement, the design of the structure or improvement, or the location of the structure or improvement on the parcel, neither the association nor any architectural, construction improvement, or other such similar committee of the association shall restrict the right of a parcel owner to select from the options provided in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants."
I interpret "metal barns will be considered for approval" as an "option" per FL statute and that they should be allowed to build a metal barn.
The prior owner of this same home erected a 24x36 metal shed without ARB approval several years ago, but the HOA did not take legal action to have it removed. The HOA president has a MD Barnmaster barn that is a combination of wood and metal. I have a wood barn that was approved by the ARB in 2004. There are also 2 members that have erected metal sheds without ARB approval.
Is my HOA going to get us in trouble by denying the metal barn?
Our HOA covenants have the following regarding buildings:
"No garage or structure other than a developer's temporary structure shall be erected on any Lot prior to the construction of a dwelling. If a garage or accessory building is built either simultaneously with or subsequent to the construction of the residential unit, the garage or accessory building shall be of the same kind of material as the dwelling and shall conform architecturally with the dwelling, unless otherwise approved by the ARB. Metal barns will be considered for approval by the ARB."
Our ARB handbook also says: "it is anticipated that equestrian facilities will be approved that vary in construction type and material from the dwelling."
Our Covenants are not exactly in compliance with FL Statute 720.3035(2) that was enacted to prevent HOAs from having "discretionary" approvals. The law says: "if the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants provides options for the use of material, the size of the structure or improvement, the design of the structure or improvement, or the location of the structure or improvement on the parcel, neither the association nor any architectural, construction improvement, or other such similar committee of the association shall restrict the right of a parcel owner to select from the options provided in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants."
I interpret "metal barns will be considered for approval" as an "option" per FL statute and that they should be allowed to build a metal barn.
The prior owner of this same home erected a 24x36 metal shed without ARB approval several years ago, but the HOA did not take legal action to have it removed. The HOA president has a MD Barnmaster barn that is a combination of wood and metal. I have a wood barn that was approved by the ARB in 2004. There are also 2 members that have erected metal sheds without ARB approval.
Is my HOA going to get us in trouble by denying the metal barn?