Fence required for toolshed

Started by KennethD1 • 3 replies • 1492 views

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KennethD1 (Georgia)
Posts: 1

Posted:

I am a tenant in a half built subdivision.Building stopped about three years ago.The HOA is still managed by the builder.I started my greivences with the HOA a year ago with where am I allowed to park my third vehicle.So I beleive now I am on the HOA bad list because I started last year to level a 12' by 16'space on a hill in my back yard to build a toolshed. I got a verbal approval from the HOA. Then the HOA was taken over by a new management and I got warning letters to fill the hole on my hill because neighbors were complainning.The HOA suggested that I put a fence up to satisfy the neighbors even through the toolshed guidelines mention nothing about a fence. I agreed to put a fence up on only one side of my backyard where the hole was so it would not be seen from the street. The HOA agreed . So now this year I am ready to start building the shed after I have finished leveling the hill.So I send the HOA a request to build the toolshed and they tell me that I have to have the fence completed around the entire backyard before I can build my shed.I asked them to show me that rule in the HOA declaration.They did not answer. Thay have already approved another neighbor to put up a metal toolshed without a fence. But they tell me my toolshed has to be built with the same materials as my house and a fence has to be put up. My question is can they treat each tenant different for the same request with almost identical properties and not give any specific reasons?

GlenL (Ohio)
Posts: 5,491

Posted:

More than likely yes since you say the builder is running the HOA, you should have gotten the approval in writing instead of verbally. How do you prove verbally????? Since the old builder left the new one may or may not legally be the Declarant but if he is he can pretty much do as he pleases and your only recourse is to comply. That or you can build but don't be surprised if they come down on you like a ton of bricks, the metal shed may have written approval from the previous guy and be allowed. You can keep requesting and see if you can wear them down or spend a lot of money on an attorney and fight it out in court in which case you will more than likely lose unless you can prove some type of wrong doing and be out a lot of money. You need to read the CC&R's and ACC manual if any and know exactly what is or isn't allowed.

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

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kenneth,

I'm wondering why, as a tenant, you are dealing with the HOA. The property owner is the resp. party and he should be dealing with the assn. If you are making improvements to his property he should know if they are acceptabe to the HOA b/4 granting you permission to do as you want.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Aside from what Glen wrote, I would add: Never ever do anything that does not have a written approval. Verbal agreements where the spending of money is involved are a disaster waiting to happen.

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