Metal Buildings vs CCRs

Started by RichardS7 • 5 replies • 1777 views

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RichardS7 (Texas)
Posts: 5

Posted:

Our association board is facing a dilemma concerning lot owners wanting to build metal outbuildings (workshops, barns, horse stalls, etc). Our CCRs explicitly state that corrugated metal is not permissable as an exterior wall covering on any building. That sounds easy enough to enforce with the exception that sometime previously our board was somewhat dysfunctional and one of our lot owners was allowed to put two metal sided buildings on his property. The last two boards have been very proactive in enforcing the CCRs and have rejected any new requests for buildings with metal siding. We currently have two new lot owners who are upset because they have plans to build outbuildings of metal siding and have been told it is against the CCRS and variances will not be allowed. My question is: how are other associations handling situations where something clearly stated as not acceptable in the CCRs has been allowed to happen and how do you explain to lot owners that it will not be allowed to happen again?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Richard,
A quick scan of your documents, usually in By Laws but could be in Master deed, you will find a section on enforcement of covenants by the Board. The very nature of the beast would most likely, at some point, result in inconsistent enforcement of covenants, for various reasons and certain to include different Boards conducting the business differently.
Anyway, look around that section and you will see a caveat that describes the fact that because the Board did or didn't follow a rule, this does not mean if they do decide to do it, the enforcement would be less binding. In other words, yes, the Board can elect to enforce a rule that have not enforced in the past.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Richard, this metal building issue has been discussed many time around here,

Check the search feature, upper right this page and search Metal buildings or storage sheds or, rule enforcement. It can get complicated but nothing you have posted indicates a simple answer would not answer your specific question.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Agree with Robert.

Often governing documents will contain language that prevents things like this from becoming precedent.

The language may be something like this:

Section 1. Enforcement. Enforcement of these restrictions shall be proceeding of law or in equity, brought by an owner or by Developer against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration and/or to recover damages. Failure of any owner or Developer to demand or insist upon observance of any of these restrictions, or to proceed for restraint of violations, shall not be deemed a waiver of the violation, or the right to seek enforcement of these restrictions.

Basically, the metal exterior shed can be "grandfathered," and the resident can be required to replace the shed with a shed that complies if and when the shed needs to be repaired or replaced.

But in the meantime, the others can complain, but they can't use that as a valid reason to now allow for their own invalid structures.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Robert and Michele are right on! Two wrongs do not make a right!! We had a case in my HOA where a house was painted the wrong color. This was a project that required several tries to get approval for an accepted color but after approval was given the color didn't turn out at put forth. The board decided to just let it go but that doesn't mean another member will be approved that paint color. Sometimes mistakes happen; doesn't mean they must be repeated.

KirkW1 (Texas)
Posts: 1,665

Posted:

I would simply tell the people that any previous approval was by different people. If they don't like the rule and believe that enough neighbors agree then they should look into changing the rules. Point them to the section regarding amendments to the covenants. If they care enough, then great. IF not, then it isn't really your problem.

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