Ambiguous language "HOUSE"

Started by KirtiP • 3 replies • 188 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

KirtiP (Texas)
Posts: 1

Posted:

My HOA's Architectural Committee approved my shed 2021 on ACC Modification from - with CC&R reads: shed material, trim color, roof shingles, Hardi board Siding anchoring to concrete pad as requested. Attached was look of Shed.
They had asked for look of shed, which was sent with Hardie Board Siding vertical .
Now after 33 months they are asking me to change it to Horizontal to match roof instead of Covered Patio and Extending Existing Covered Patio which is Vertical.
I need help please .

DouglasK1 (Florida)
Posts: 2,046

Posted:

The plans were approved and the shed was built to plan. Do your CCRs or other governing docs allow for an ARC approval to be rescinded after the fact? If not, I'd tell them to pound sand. Unfortunately, if they do pursue (fines, etc.) you might need need to lawyer up to defend yourself.

Escaped former treasurer and director of a self managed association.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It just sounds like a directional issue. Should have installed to match the directions of existing house not extensions attached to the house. Maybe most can be saved to put it on the other direction.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

I agree with DouglasK1.

I do want to check: Does the shed clearly violate anything in the covenants? Or does this appear to be the current board's subjective opinion that the shed is not, say, harmonious enough (with no real support in the covenants for the board's position)?

At times in cases like this, the courts have said the HOA would have to pay for converting the shed to whatever the HOA claims it should be. Consider using the latter as a bargaining chip. E.g. you could respond to the board: "Here is the ACC approval from 2021. My understanding is that in cases like this, either the HOA has to pay for converting the shed to what the HOA wants, or the HOA concedes it made a mistake and grants a waiver for the shed."

It appears Texas has a four year statute of limitations, so this does not apply.

KirtiP, hopefully you will not have to lawyer up. Attorney fees and all the energy it takes to fight this can quickly exceed the cost and time it takes to just capitulate. The enemy here may be not so much the board. Instead the enemy may be the excruciating legal process.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here