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BettyO1 (California)
Posts: 104
Posted:
If CC&R's and architectural committee rules mandate that in addition to architectural committee approvals, homeowners are responsible to obtain required building permits, but after the construction is completed, it is determined that work was not properly permitted, badly impacts surrounding homes, what can the association do? Ask the homeowner to produce permits? If homeowner refuses, can association report him to City? How can situations like this be avoided, if cannot ask for permits upfront as volunteer architectural committee does not know what permits are required?
JeffR7 (California)
Posts: 251
Posted:
You can ask for a copy of permits. If the owner doesn't produce them or produce only partial there is nothing you can do. As you stated your committee members don't know what's required. If you believe that the work hasn't been properly permitted you can report the owner to the city, just like any neighbor can. HOA shouldn't be enforcing city permits or construction laws and regulations. Many HOA docs say that any work must be done by a licensed and a properly insured contractor. There is not much you can do after the work is done if you find out that the contractor used wasn't licensed.

PhilN1
Posts: 9
Posted:
You don't state if your governing docs "require" that the member obtains proper permits, or if the member is merely "responsible" to do so. If they are only "responsible" for getting permits, then I would read your governing documents as taking the position that permits are a matter between the owner and the city. If, however, your governing documents explicitly require that an owner get permits, then I would think the board has every right to demand verification that all proper permits were obtained (i.e., in order to verify compliance with CC&R's).

As for reporting to the city, *anyone* can anonymously report violations. This happened to my father when he did some exterior work without building permits; the city refuse to divulge who reported him and the inspectors were all over him immediately.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
This is not an HOA issue, do not get your HOA involved. The city/town deals with permits. Neighbors turn each other in all the time for this stuff, and as someone said it can be anonymous.

That said.... i dont see how un-permitted work would badly impact surrounding homes. When the owner sells the house he may have to get the permits. Depends on what was done.

As for requiring building permits before starting work, again, not your responsibility. How would you even know if the permit was valid? Your HOA wont know anything about the ever changing permit structure/regulations so dont pretend you do.
BradP (Kansas)
Posts: 2,640
Posted:
Betty:

two issues here, if your CC&R's require them to obtain building permits I would try to tweak the language in it that requires them to show proof of permit prior to construction if that language doesn't already exist.

secondly, let the city or local municipality handle the permit issue, one less headache for you all and it really isn't your jurisdiction anyway. Report that you are concerned about not having a permit for a project, should be an easy lookup for those folks.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BettyO1 on 10/29/2011 8:09 PM
If CC&R's and architectural committee rules mandate that in addition to architectural committee approvals, homeowners are responsible to obtain required building permits, but after the construction is completed, it is determined that work was not properly permitted, badly impacts surrounding homes, what can the association do? Ask the homeowner to produce permits? If homeowner refuses, can association report him to City? How can situations like this be avoided, if cannot ask for permits upfront as volunteer architectural committee does not know what permits are required?

If the CCRs give the board and/or the ARC the authority to make and enforce rules regarding construction, then one of those rules should be that the owner obtain the required local building permits and provide a copy to the ARC along with the application for approval of the construction. If no copy of the required permit is attached, then ARC approval of the construction project is automatically denied.

What permits are required? If it isn't obvious from the nature of the construction project, then a simple phone call made by a board member or ARC committee member to the authority responsible for issuing permits should provide the answer.

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