HOA Denies Exterior Modification Permitted to Other Homeowners

Started by JohnS128 • 15 replies • 305 views

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JohnS128 (Virginia)
Posts: 9

Posted:

I live in a corner duplex and want to build a deck. Our backyard faces the backyards of other duplexes with an alley between us. Our Declaration states, "The ARB reserves the right to deny any Application which may result in a negative impact on surrounding areas." Our small community had no ARB guidelines until six years after we moved into our home.

As such, it appears the HOA has arbitrarily made a rule that decks are not allowed for duplexes (it's specifically mentioned in the ARB guidelines). And the rule wasn't made for structural or safety reasons.

None of the duplexes in our home have a deck because the owners assumed it wasn't allowed (some tried but were denied).

Our Declaration has no specific prohibition against duplexes for decks or exterior modifications for except to require ARB approval.

The strange thing is that decks aren't prohibited for townhouses and single-family homes in our community.

I feel like the Board isn't applying the rules consistently and are solely relying on a mentality of, "well no other duplex has one, and we don't think you should either".

Does the HOA have much standing to deny us a deck when other homes in our community do have a deck...especially when those guidelines were an afterthought?

Thanks!

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By JohnS128 on 05/12/2023 10:45 AM
I live in a corner duplex and want to build a deck. Our backyard faces the backyards of other duplexes with an alley between us. Our Declaration states, "The ARB reserves the right to deny any Application which may result in a negative impact on surrounding areas." Our small community had no ARB guidelines until six years after we moved into our home.

As such, it appears the HOA has arbitrarily made a rule that decks are not allowed for duplexes (it's specifically mentioned in the ARB guidelines). And the rule wasn't made for structural or safety reasons.

None of the duplexes in our home have a deck because the owners assumed it wasn't allowed (some tried but were denied).

Our Declaration has no specific prohibition against duplexes for decks or exterior modifications for except to require ARB approval.

The strange thing is that decks aren't prohibited for townhouses and single-family homes in our community.

I feel like the Board isn't applying the rules consistently and are solely relying on a mentality of, "well no other duplex has one, and we don't think you should either".

Does the HOA have much standing to deny us a deck when other homes in our community do have a deck...especially when those guidelines were an afterthought?

Thanks!

Do Townhomes and SFH own the land their homes sit on and their own lots? How about Duplexes? If the association owns the land that surrounds your duplex then this may be the reason why of your governing documents prevent building on common land. Also, how maintains the exterior of the Duplexes?

JohnS128 (Virginia)
Posts: 9

Posted:

Each lot in within our community owns the land on which their property sits. This is true for all townhomes, duplexes, and single-family homes. The wall between the duplex is a shared responsibility (kind of like a shared fence); otherwise, I am responsible for the exterior of my own home.

In case someone is wondering, we all fall under the same governing documents. I know some large communities have separate governing documents for each area of their community, but that doesn't apply to us.

SheliaH (Indiana)
Posts: 6,964

Posted:

If you were told no, is there an appeal process? If so try that. The issue regarding the property dividing your section of land from the common area could be an issue or there's an issue with the design you want to use.

Whatever it is, file an appeal and see what happens. Perhaps it is time for tge policy to be updated. That may require an update to the CCRs which of course requires homeowner approval. If you really want a deck, you may need to go this route do decide how far you want to take this.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnS128 (Virginia)
Posts: 9

Posted:

It is time for the policy to be updated. I'm not sure the community is willing to spend any money on updating CCRs. It's the ARB guidelines that are at issue.

JohnS128 (Virginia)
Posts: 9

Posted:

It is time for the policy to be updated. I'm not sure the community is willing to spend any money on updating CCRs. It's the ARB guidelines that are at issue.

LetA (Nevada)
Posts: 2,679

Posted:

And you want to be the exception to the rule eh! You stated that these are the rules and no other condo has a deck.
You ARB is not singling you out at all. Those are the rules and the HOA ARB has a duty to keep things in the community
aesthetically cohesive. In all likelihood that "patio" area where you want to build a deck is not deed to your property so
that would be the main reason for the denial.

JohnS128 (Virginia)
Posts: 9

Posted:

No, I own the entire land around my house. I have records to prove it. Not sure how that's "cohesive" if other homeowners are allowed to incorporate decks.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Have you actually asked them to explain the reasoning behind the denial?

We've had some similar discussions in the past. If I'm remembering correctly, the denials resulted from encroachment on common area, maintenance issues, and drainage issues. Doesn't sound like the first applies in this case. I'm assuming that since you own your lot that duplex owners also own and maintain the exterior of their homes. (If this isn't true, please correct me.) Drainage issues are still a possibility even if other lots in the community don't have this problem, since you can have drainage problems in one part of a community and not others.

I also understand why the board would want to be consistent with all of the duplexes. But in my opinion, if it turns out that there really isn't a good reason for not approving duplex decks aside from consistency, then the correct thing to do is to change the policy and inform any other duplex owners who may have been denied in the past.

It's worth pushing back calmly and respectfully - maybe you'll get the board to rethink things.

SheliaH (Indiana)
Posts: 6,964

Posted:

The guidelines aren't the 10 commandments. Usually design standards are reviewed periodically because of changes in materials, colors etc. The goal should be to allow some flexibility while maintaining the original look and design of the community. Of course, all this is subjective, depending on the will of the community (or a majority thereof). Such is life sometimes in a HOA.

You may be right that most of your neighbors don't want to spend the money on CCR amendments, so it appears you'll need to persuade the board to update tge design standards. That will take some work and you may need a better argument than "all my neighbors have decks so why can't i?" At least flesh out the argument and perhaps come up with a design thats more compatible with the space. You live on a corner lot, so you may not be able to get a deck similar to other homes.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ElleN (Idaho)
Posts: 4,420

Posted:

I do not think the guidelines being relatively new counts for much here.

However, the ACC/Board's only objection seems to be for aesthetic reasons, where they decide whether decks on the duplexes are aesthetic and harmonious. If I were on the board, I would likely remove the prohibition on decks. But I am not on the board. This brings us to: How much time and money do you want to spend fighting this?

Even if you lawyer up, the outcome is not guaranteed. The courts are unpredictable in situations like this.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You mentioned your home is a corner lot? Sometimes how corner lots are set up they can block access or cause issues just based on location. Example: We had a member that had a basketball goal in their driveway. It was a good location as it was on an outside bend of a corner in plain view. Plus there were no houses along one side. However, the neighbor across the street was on the INSIDE corner. They wanted to put up a basketball goal on the side of their home. The location was in a complete blind spot. Plus would have been in a place could have caused their house/windows damage.

Mind you basketball goals were not allowed in our rules at people's houses. However, the one that owner had was moveable and was not causing any issues. Had to explain to the parents why theirs was denied due to obvious safety issues. Well they complained and we had to remove the goal. Plus enforce the rule upon everyone.

So the location may be a factor that it isn't to other similar homes. Not all homes are equal or can do the same things.

Former HOA President

JohnS128 (Virginia)
Posts: 9

Posted:

Yes, I do maintain the exterior of our home. There isn't really any issues with maintenance or drainage. Thanks, I'll try and see if changing the ARB policy is the better option.

JohnS128 (Virginia)
Posts: 9

Posted:

Thanks for the tip. I think I'll have to change the argument for something that everyone can agree upon.

JohnS128 (Virginia)
Posts: 9

Posted:

Thanks for the tip. I think I'll have to change the argument for something that everyone can agree upon.

JohnS128 (Virginia)
Posts: 9

Posted:

Thanks for the tip. I think I'll have to change the argument for something that everyone can agree upon.

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