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DerekS1 (Wisconsin)
Posts: 8
Posted:
Hello again!

I am trying to get my HOA to vote to amend our bylaws to permit sheds, and I'm seeking some advice. For what it's worth, my 4 year old woke me up one morning by stealing my riding lawnmower keys, going into my garage and trying to start the lawnmower at 6am. Changed my outlook on childproofing and I'd really like to get all of the landscaping tools/sprays/equipment into a shed behind lock and key.

This small subdivision of 10 homes, was just 1 home, with additional land sold to a developer to build 9 more about 15 years ago. I bought this home from the previous owners 3 years ago.

I have been told multiple times that the "original" home had some items "grandfathered" into the HOA, but we have no grandfather clause in our CC&Rs, there is no itemized list of what is grandfathered, and a grandfathered shed is built against building code. Village building code requires 10 feet between primary structure and any exterior storage structures. Their shed is quite literally up against their house on the concrete pad with their backyard pool. I'd guess it's an 8'x10'.

I am trying to approach this with a kinder means of meeting my needs, and making it as hidden as possible to the neighborhood. If that is not enough..

If I were to threaten to complain to the village that this home's shed is against building code and potentially forced to be moved/removed - Would that now require the HOA to "re/approve" a new location and further deal with our CC&Rs stating no sheds? Do I have any legal action available? Any other suggestions?

Thank you for your time.
AugustinD
Posts: 3,698
Posted:
DerekS1

Is the owner of the shed that is grandfathered on the board of your HOA? If so, I would call your proposal ('HOA Board, if you do not do this, I am putting horse's heads in your beds... ') a flavor of extortion.

IMO threatening to have the village enforce its code does not translate to the HOA having to further deal with the CCRs.

Your HOA is quite small, with only 10 homes. What are the requirements to amend the Bylaws/covenant so that sheds are allowed? If an owners' vote is required, lobbying 10 homes is not a lot of work.

DerekS1 (Wisconsin)
Posts: 8
Posted:
The owner of that shed is NOT on the board of the HOA - However they are now a member of the ACC for the 2022 year. I've struggled with responses to asking why they can have a shed and everyone else can't only being "it was grandfathered".. and I cannot find anything about what was grandfathered, by who, for who, etc.

As for amending the bylaws, I believe it is just a majority.

"This declaration may be amended by recording in the office of the Register of Deeds for [County, State], a document to that effect executed by the Developer or by the owners of at least 50% of all Lots in the Subdivision, and their mortgages, with all signatures duly notarized. Such amendment shall become effective only upon recording. Notwithstanding the foregoing, this Declaration may not be amended without the express written consent of the Developer prior to the date the Developer has sold the last lot owned by the Developer."

The developer has moved on from this subdivision so that is no longer relevant.

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