“Accessory Structure”

Hello,

I’m trying to understand the purpose of the quotes around accessory structure in our declarations. There is no definition in any documents as related to the HOA to define accessory structure outside of the examples provided within the declaration itself. I’m wondering if this was done so that the term accessory structure can be defined/changed outside of the declarations by the board of directors? Since the term itself is ambiguous that was my thought of the intentions as opposed to not allowing “anything.” Full declaration below including punctuation as written:

No “accessory structure” shall be erected, constructed, altered, placed, or permitted to remain on any Lot. The term “accessory structure” shall include, for illustration purposes only and without limitation, a shed, stable, barn, mobile home, wind-powered generator, solar panel, fence that exceeds 4 feet in height, radio or television tower more than 5 feet from highest point of the dwelling or other out buildings or structures, either temporary or permanent. Notwithstanding the foregoing, each Lot Owner may construct one in ground or above ground swimming pool per Lot along with any fence as prescribed by the controlling local government authority (the height of such fence shall not exceed the greater of four feet, or the height prescribed by such government authority). All fences shall be chain link, black wrought iron fences, or constructed of vertical cedar wood planks or vertical white maintenance feee planks. Further, each lot owner may install 1 chain link dog kennel up to 6 feet in height on its Lot, provided that such kennel (i) is located entirely behind the house on such lot, (ii) is not visible from the street in front of the house; (iii) is attached to or located within 1 foot from the house; and (iv) is screened from neighboring Lot Owners by landscaping such as bushes or arbor vitae.

Good question. I guess it could have been capitalized as Accessory Structure. Is it in the Dictionary or Glossary usually at the beginning of CC&Rs? Your CC&R Section does give the Board a way to define just about anything as an "A.S.," since "without limitation" is used. I do not think it gives the Board the authority to remove any named item from the declaration without owners' vote. There may be, however, a variance article in your CC&Rs?

Exceptions, of course, are those A.S. permitted by statute or local municipal codes. In CA, for instance, HOAs cannot forbid solar systems but can make reasonable rules about their placement. I believe U.S. law might permit radio towers beyond your max if going higher is the only way for the home to get reception. (others know more about this type of A.S.)

No definition in the definitions section, also no variances section. I guess the main question is if this is the rule can we allow a gazebo to be installed? Obviously sheds are not allowed but can things not specifically disallowed be allowed? If so to what extent can they be allowed? Can we say you can install a gazebo but it must be attached to the house either directly or indirectly?

Your declaration states: "The term 'accessory structure' shall include, only and *without limitation,* a shed, stable, barn, mobile home, wind-powered generator, solar panel, fence ..." The way I read it is that "for illustration purposes" means some examples. "*Without limitation," means anything & everything else.

It does seem like some that are named are clearly for storage, but other are not.

So, yes, what about swing sets/climbing structures or gazebos?

This is a lot like the recent topic "What do you consider exterior change?"

How does your declaration define "improvements?" Do you have an Architectural Committee that approves exterior changes?

Your declaration forbids some not-walled structures, too, e.g., fences above a certain height & solar panels.

I hope some who actually live in detached homes with yards will respond!!

Not sure why you’re worried about punctuation? when the next sentence describes exactly what it is?

The term “accessory structure” shall include, for illustration purposes only and without limitation, a shed, stable, barn, mobile home, wind-powered generator, solar panel, fence that exceeds 4 feet in height, radio or television tower more than 5 feet from highest point of the dwelling or other out buildings or structures, either temporary or permanent.

The link above that Tim posted specifically mentions gazebos. I like the first part of the definition that FEMA uses that says, "An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure."

If you accept this definition then a gazebo is the perfect example of an "Accessory Structure".