Gazebos - Is this legal

Started by DebbyK1 • 12 replies • 3338 views

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DebbyK1 (Georgia)
Posts: 21

Posted:

We had an election in Dec. & a whole new board was voted in, me included.

Now, in the past, the old board said no gazebos, however, no vote was taken & the By-laws/CCR's were never updated. Is this a vaild "law" ?

Again another issue, window air conditioners. A vote was taken, 40% was met however no amendments to the above documents were done. Is this a valid "law" ?

From what we can tell there were numerous changes made, however, no changes to any documents were updated. Now, there are people wanting gazebo's etc & we aren't sure what to tell them. Another FYI, there is no backup documentation to even prove if the quorum was indeed met.

Thanks,

Debby

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Deb,

Do your docs make any reference to temp or perm structures on the unit lots?

Are you SFDs or townhomes?

Do you own your individual lots, or are they common property?

DebbyK1 (Georgia)
Posts: 21

Posted:

Temp or perm structures have to approved on a case by case basis. This prior so called action banned them totally. We are SFD. They want gazebos in there backyards.

The story starts with a member wanting to erect a gazebo(the type you see at Home Depot) to keep his Dad cool during the summer, they couldn't afford anything else(retractable awning). 1 neighbor blew a gasket saying she could see it from her backyard & considered it an eyesore - lets also keep in mind the neighbor on the other side with a hot tub is perfectly acceptable.

So the story continues with a supposed vote being taken & approved that ALL gazebos were banned.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Debby,

What do your CCR and/or architectural guidelines say about gazebos and window air conditioners. What was the 40% vote taken for? Does the board have the authority to interpret the gov docs and to make additional rules?

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Quote:

Posted By DebbyK1 on 05/26/2009 10:39 AM
Temp or perm structures have to approved on a case by case basis. This prior so called action banned them totally. We are SFD. They want gazebos in there backyards.

The story starts with a member wanting to erect a gazebo(the type you see at Home Depot) to keep his Dad cool during the summer, they couldn't afford anything else(retractable awning). 1 neighbor blew a gasket saying she could see it from her backyard & considered it an eyesore - lets also keep in mind the neighbor on the other side with a hot tub is perfectly acceptable.

So the story continues with a supposed vote being taken & approved that ALL gazebos were banned.

So far, so good for the pro-gaze crowd. Even if a previous BOD set a total ban via resolution or practice, your new BOD is free to revert to the case by case basis. And can probably establish, if it chooses, any (uniform) restrictions to be taken into consideration in granting approval. Gasketblower will have to live with those determinations...if you ask me.

DebbyK1 (Georgia)
Posts: 21

Posted:

There is nothing in CCR's regarding window a/c units nor specifically gazebos(could be considered an "addition" though). Yes, the board can determine what is "eye-pleasing". As to the 40% vote, not sure since there is no evidence & no documents were ever updated. From what I'm gathering though, is that at a monthly meeting the gasket blower blew up caused a huge scene & therefore the board voted to ban them totally. As usual, we hear different things from different people based on their stance on the issue.

The problem here is this. If we allow gazebos(case by case basis) and people perm install them, the next board could come around & say no and all the people would have to take them down.

Me personally I would hate to require people to take them down as they are time consuming to get up in the 1st place. The collapsible ones are hideous & look like circus tents LOL.

JohnK3 (Pennsylvania)
Posts: 967

Posted:

>>>The problem here is this. If we allow gazebos(case by case basis) and people perm install them, the next board could come around & say no and all the people would have to take them down.<<<

No true. If a Member detrimentally relies on a valid decision by the HOA, a future BOD could not (legally) prevail in an attempt to reverse that reliance.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Debby,

Are window a/c units the norm in your area of the country or do most people have central air. The board should make their decision based upon what the norm is. Regarding the gabezos the board could place certain restrictions on them, such as the type and the material allowed -- perhaps no colapsible ones allowed. If neighbors have a view of the whole back yard of all neighboring properties I can see wanting to make certain no unsightly structures are approved. However, the determination needs to be made by the board or the a/c committee not the "gasket blowing" neighbor!

If your board approves gazebos, a future board cannot change the restriction and require all gazebos to be taken down. If the restriction is amended in the future all h/o's with gazebos would be grandfathered in. At least that is the way it 'should' be done! A future board cannot demand a change regarding something that was previously approved. I rather doubt they would have a legal leg to stand on. I'm not an attorney; that's just my common sense opinion.

DebbyK1 (Georgia)
Posts: 21

Posted:

Thanks John,

That is very good to know

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By JohnK3 on 05/26/2009 11:26 AM
>>>The problem here is this. If we allow gazebos(case by case basis) and people perm install them, the next board could come around & say no and all the people would have to take them down.<<<

No true. If a Member detrimentally relies on a valid decision by the HOA, a future BOD could not (legally) prevail in an attempt to reverse that reliance.

If the US Congress can pass Ex Post Facto laws, will HOA's be far behind?

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By BrianB on 05/26/2009 2:59 PM

If the US Congress can pass Ex Post Facto laws, will HOA's be far behind?

To my knowledge, HOA boards are not government entities with ability to create legislation.

KirkW1 (Texas)
Posts: 1,665

Posted:

Your first step is to read and re-read the CC&Rs until you understand what they are saying. Then you can start to know what you can and can't allow.

There will always be people who think one thing is great and another is horrible. If you have latitude, then you should create some standards. They should aim for the middle ground. Some will argue for the highest standard, while others will go for the lowest. You need to find the ground that most people agree with and deal with upsetting the two ends.

It is not unusual for a community to have a standard that drifts as time goes by.

DebbyK1 (Georgia)
Posts: 21

Posted:

I know about neighbor drift. When we moved in it was primarily "retirement" types, now with the economy shift & houses becoming more affordable we are seeing more families move in. We had at 1 point 10 foreclosures in a community of 119, now we are down to 4 empties. All that have sold are to families with kids & the older folks are getting into HUGE snits.

Can't please everyone!

~sigh~

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