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NormanK2 (Florida)
Posts: 39
Posted:
From what we have read the County says you cannot put or build anything that is less then 5 ft from your property line our HOA says we can go 3 ft up to the property line i don't want to do that until i know for sure if the HOA can over ride the County Laws we own our land.
ElleN (Idaho)
Posts: 4,420
Posted:
A HOA's covenants can be more restrictive than county ordinances.

Here the HOA's covenant is less restrictive.

The county ordinance controls.
TimB4 (Tennessee)
Posts: 21,062
Posted:
In your example, the answer would be no.
You must follow the County code.

Had it been reversed, County said 3 feet and HOA said 5 feet, you would have had to comply with the HOA (as that would also be complying with the County).

The options to fix are:

1) inform the Board and have the board publish the issue and follow County Code.
2) If building is taking place, inform the County and let them take action (as this would be quicker)
JoeN6 (Virginia)
Posts: 94
Posted:
Check with your county . Front, rear , and side setbacks usually are differant . And there may be procedures for a variance.
LoriM15 (Florida)
Posts: 1,009
Posted:
As others have posted, the county laws would override the HOA restrictions. For example, if the setback for building an addition in the county regulations is 5 feet but the HOA documents say 3 feet, you would not be able to get a permit from the county if you were trying to build 3 feet from the property line. If it's not a project that requires a permit, then the county most likely will never know but it may cause problems when you go to sell your home. A new survey is going to show that something is in the setback.

Real life example from our Florida county - the county refused to approve a fence for a homeowner who had an easement in their back yard (it was a wetlands preserve easement). They did check the plat and the survey before the permit was issued.
LetA (Nevada)
Posts: 2,679
Posted:
Seek a variance from the county.

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