Addition to New Construction Not on Origial Plans

RenaeW1 (Florida)
Posts: 42

Posted:

I am on the HOA board. We have a home under construction in our neighborhood. Their original plans showed a two car attached garage and this was what was approved by the Board. When we recently inspected the new construction, we found they had added another bay onto the garage with an apartment over it. This is attached to the original garage, but it was not approved. It has already been built, so is there anything that can be done about it now? This puts the house too close to the back property line. They have also changed the exterior from hardy plank to siding without approval. They also need to submit a landscaping plan, which he argued he didn't need to submit until 90 days after they moved in. How would you handle all these issues? Thanks.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Renae posted:
03/31/2008 3:11 PM Quote Reply
I am on the HOA board. We have a home under construction in our neighborhood. Their original plans showed a two car attached garage and this was what was approved by the Board. When we recently inspected the new construction, we found they had added another bay onto the garage with an apartment over it. This is attached to the original garage, but it was not approved. It has already been built, so is there anything that can be done about it now? This puts the house too close to the back property line. They have also changed the exterior from hardy plank to siding without approval. They also need to submit a landscaping plan, which he argued he didn't need to submit until 90 days after they moved in. How would you handle all these issues? Thanks.

I would suggest levying a penalty of $1,000 - $2,000 for not getting prior approval on the additional changes made to the original plan. I would hate to think a board would require the homeowner to tear down something not approved, especially if it is something that won't detract from property values of other homes in the community. However, if the setback is too close to the back property line this might be an issue with the city/county. You might want to check with them so see what their requirements are and what they do if someone builds outside their requirements. Keep in mind the HOA could have more restrictive requirements. Regarding the landscaping plan, quote the homeowner what the docs say.

Also, the board should use this situation as reason to get more organized. They should have a policy in place to deal with this type of a problem. If they agree with levying a penalty for not getting prior approval on A/C modifications, they should adopt a resolution accordingly. The members should be informed of this as soon after adoption as possible.

Mary

MaryA1 (Arizona)
Posts: 7,043

Posted:

Renae posted:
03/31/2008 3:11 PM Quote Reply
I am on the HOA board. We have a home under construction in our neighborhood. Their original plans showed a two car attached garage and this was what was approved by the Board. When we recently inspected the new construction, we found they had added another bay onto the garage with an apartment over it. This is attached to the original garage, but it was not approved. It has already been built, so is there anything that can be done about it now? This puts the house too close to the back property line. They have also changed the exterior from hardy plank to siding without approval. They also need to submit a landscaping plan, which he argued he didn't need to submit until 90 days after they moved in. How would you handle all these issues? Thanks.

I would suggest levying a penalty of $1,000 - $2,000 for not getting prior approval on the additional changes made to the original plan. I would hate to think a board would require the homeowner to tear down something not approved, especially if it is something that won't detract from property values of other homes in the community. However, if the setback is too close to the back property line this might be an issue with the city/county. You might want to check with them so see what their requirements are and what they do if someone builds outside their requirements. Keep in mind the HOA could have more restrictive requirements. Regarding the landscaping plan, quote the homeowner what the docs say.

Also, the board should use this situation as reason to get more organized. They should have a policy in place to deal with this type of a problem. If they agree with levying a penalty for not getting prior approval on A/C modifications, they should adopt a resolution accordingly. The members should be informed of this as soon after adoption as possible.

Mary

PaulM (Pennsylvania)
Posts: 1,347

Posted:

RenaeW1: I would hesitate to post to you to take action against this unit owner until you post what your documents state regarding Board approval of architectural changes.

Some questions for you. Has the Developer completed transition of the management of the Association to the members with a member-elected Board?
Are the developer and the owner working on the unit changes together?

IF the developer is still in control, then he is still able to assume responsibility (with the owner) to make changes to the original plans. However, those plans would also have to comply with local codes and standards and the agreement between the developer and local land development office. You might also speak to these officials to learn if an amendment has been filed to the original construction plan to allow changes to the exterior materials and size of the unit (apt. & additional garage).

You need to review your official documents to learn what the architectural allowances/restrictions are. As a Board member, you should be studying them frontwards and backwards. They are your only recourse of action to be taken. If you post further, we will be better able to assist you.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Renae,
You also might want to check with whoever issued the building permit, as in your city or County.
The permit was issued for a specific plan and if they have added footage and footprint additions, the City or County would certainly get involved. Some people just don't get the concept of following rules and need to be given a wack with the "smart stick" to pay more attention to following rules and laws.

But you also need to have the proper documents to show him what is expected of him as for this building, including the landscape story of 90 days after move-in. Where we are, landscape must be installed prior to occupancy and that includes the County's occupancy permit. What do your Docs say?

HaroldS (Arizona)
Posts: 906

Posted:

Good responses Paul and Donna. It is irregular and inapt to suggest such a large fine without kowing all the circumstances, including if there is even a fine structure in the documents.

RenaeW1 (Florida)
Posts: 42

Posted:

I am going to try and answer the additional questions. The developer is not working with this homeowner. The developer turned over the neighborhood to us 1 year ago and we are an elected board. The only thing I see about enforcement is that "anyone owning real property in 'neighborhood' can prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of such covenants and either to prevent him or them from so doing, or to recover damages and other dues for such violation".

His landscaping plans should have been submitted 90 days after the start of building his house. That would have been November 2007. The landscaping itself doesn't have to be finished until 90 days after completion of house. How can you make someone submit plans? This homeowner has been very difficult from the beginning.

GlenL (Ohio)
Posts: 5,491

Posted:

Do not let this go it sets a bad example for future problems. My advise is to ask the HOA's attorney what can be done under your documents to remedy this. At this point with the structure built unless the city/county makes him tear it down (sometimes they just fine) you will most certainly need to go to court to enforce your documents. This is not necessarily an expensive proposition for the HOA as you can also ask that he pay your attorney fees. If fees/fines are allowed and you don't have them in place, this is also something the attorney can assist you with.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Some of you didn't like my suggestion of fining the h/o for not getting prior approval. IMO, this is much cheaper than filing a lawsuit! I also suggested the BOD adopt a policy regarding this issue and inform the members accordingly. All it requires is to thoroughly check your gov. docs and know what you can and cannot do. But, instead, why not hire an attorney and go to court and spend thousands upon thousands for something the BOD could have handled by themselves for a lot less money for everyone involved. Go to court and the h/o will also have to hire an attorney which will no doubt cost much more than $1,000-$2,000.

Mary

GlenL (Ohio)
Posts: 5,491

Posted:

Mary I don't disagree with fining him but if there is nothing in the documents that allow a fine or there is no fine set for this matter you can't just decide to fine and pick an amount. I'm not a big fan of enriching lawyers but sometimes you have to. This forum is a great place to gather information and opinions but we can't offer legal advice and if this is done improperly, it could come back around to bite them big time.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Glen,

I agree with you wholeheartedly! I did advise that the docs be thoroughly checked. I agree that sometimes an attorney does have to be involved. But, if it were me, that would be a last ditch effort.

HaroldS (Arizona)
Posts: 906

Posted:

Even if the documents allowed such high fines, a $1,000 - $2,000 fine would be peanuts to this fellow just to be rid of the HOA problem and still have the addition he wanted. So what has the HOA gained? They'd have another finger pointing "he did it" to defend forever.
Since it is finished, I'm more curious where the HOA was all the time this two-story change from the plan was being built? Was it done overnight? It should have stuck out I would think. Where was the city? I remember periodic visits by various city inspectors when my house was being built.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Harold,

So, would you recommend that the board insist he tear it down? Can you imagine the cost $$$$??? Is it worth it to make that requirement? That's why I suggested a penalty. I also suggested the BOD adopt a policy.

Regarding city inspectors. Perhaps the addition was built to city code. Perhaps the HOA's requirements are more stringent than city code. But, I, too, wonder why the HOA didn't see what was happening b/4 the project was completed. Especially since they approved the initial plan and knew a project was underway. I agree they should have been more conscious of what was going on. Perhaps another reason not to insist it be torn down???