New Homeonwner....didn't obtain the "correct" approval

Started by CarolynH1 • 3 replies • 1088 views

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CarolynH1 (Texas)
Posts: 1

Posted:

I am looking for advice.....I am a homeowner in Texas and really new to living within an HOA. 1st of all, the developer laid out our property incorrectly and it wasn't discovered until just before closing. We accepted it and moved in. In talking with the builder, we shared plans of installing a portable builder. The builder gave us the OK to proceed. Come to find out, he didn't have the authority to do so and was probably just trying to keep us happy because of the lot issues. The building IS larger than the guidelines within the HOA. A neighbor several blocks down...actually a so called friend.... complained to the "developer" as the neighborhood does not govern the HOA as of yet. We have been asked to remove the building. My question is that our lot is 3 times larger than ALL lots within the neighborhood. We back up to a greenbelt and the building is not visible from the front of the property. Can an HOA vote and possibly approve based on certain circumstances OR if we obtian a petition from the neighbors with acceptance could the building possibly be approved?
We are not trying to be difficult, just fighting for your desires.....
Any advice would be greatly appreciated

RobertR1 (South Carolina)
Posts: 5,164

Posted:

CarolynH,
First, do you have any written documents giving you the right to build your building? If no, did you request through the Board or your ARC permission to erect the building? If no to all these answers, the only hope you got is to go before the ARC or Board or Both and seek an exemption for your lot. You could state your lot size, location on lot, etc., and make your claim you thought you had permission. It may be your desires you are fighting for but it is not your desires that govern the association. Try and be fair and understanding and start your life there in a positive way. I suspect you will have to build your shed in accordance with ARC guideline and restrictions.
Now, a word of wisdom. Approach your life in your HOA as your first priority is to serve the association. As time goes on you will understand the reason for this. That reason is to live a peaceful life. If you always put the associations' health first, you won't have to fuss and fume about some problems. Study your documents, understand you are now a part of a community bound together by covenants, you agreed and signed up to serve this obligation, you can not rescind your promise, best live with it.
Get involved and if you don't like the way things are run, work to change them within the framework of your organization.

Good luck.

MicheleD (Kentucky)
Posts: 4,491

Posted:

We used to run into this a lot in the early years.

Bottom line is this: Builders have NO approval authority. That authority rests with the developer (or the ARC committee/BOD if the turnover has occurred).

If you documents say NO BUILDINGS, then it doesn't matter what your circumstances are, whether it can or cannot be seen from the street, what it backs up to, the size of your lot...

If your documents prescribe certain limitations, and your HOA is still under developer control ONLY the developer can give you a "pass" on it.

BUT IF HE DOES, it would be in your best interest to GET IT IN WRITING.

Why? Because if he says verbally, "go for it," and several years later the turnover to the homeowners occurs, you may run into having to show proof of waiver or approval.

We've had to have at least 2 homeowners remove structures they claim the developer approved, but for which they had no proof in writing that he did.

The developer died within a year after turnover, so the only thing we can rely on is what is on paper.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Did I read that the developer is STILL in control of the property?

Are there written ARC standards?

I'm not sure, but if the developer gave permission, and he runs the HOA, then you may have a right to your building.

Details, please. WHO is the Board now and is there a ARC procedure? There should also be an appeal process.

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