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Subject: Property rights
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Author Messages
PatrickR3
(Washington)

Posts:2


07/07/2018 7:56 PM  
DOES A HOA HAVE THE RIGHT TO MANDATE WHAT A PROPERTY OWNER CAN BUILD ON THE REAR OF THE HOME. Where can the HOA VIEW PROPERTY FOR RULES
GeorgeS21
(Florida)

Posts:569


07/07/2018 8:34 PM  
Patrick,

Please refer to your CC&Rs and Articles of Incorporation.

After reading, come back and we can discuss your findings.
KerryL1
(California)

Posts:5656


07/07/2018 8:48 PM  
George is right, Patrick. You need to read the documents that you agreed to when you bought your home in your HOA. It IS possible that there are limits & restrictions on what you can put in your backyard. But only your documents can inform you & us.
AugustinD


Posts:1088


07/07/2018 8:51 PM  
Posted By PatrickR3 on 07/07/2018 7:56 PM
DOES A HOA HAVE THE RIGHT TO MANDATE WHAT A PROPERTY OWNER CAN BUILD ON THE REAR OF THE HOME. Where can the HOA VIEW PROPERTY FOR RULES


Patrick, it is pretty common for a HOA to have what are known as architectural rules that limit building on the property. As George wrote, you will need to read your HOA's Declaration of Covenants (a.k.a. "Covenants, Conditions and Restrictions" or "CC&Rs") to find out what the HOA can prohibit. Ask your HOA's managers for a copy of these. Alternatively, the CC&Rs should be on file with the county clerk.
MelissaP1
(Alabama)

Posts:7611


07/07/2018 10:37 PM  
It is always best to ask permission than forgiveness in a HOA. ALWAYS get your plans approved before proceeding is a rule of thumb. Otherwise, they may be able to take it down at your cost.

It's not just the HOA, the city/county, and even insurance can restrict property use. It's highly unlikely you can build an outhouse now a days in a city. Plus we had an owner put up a small shed in the back of their home. Turns out the insurance company told them it had to be unattached and few inches from the home to be covered. They sent out the fire Marshal to inspect/approve. Why? Because one may store flammable items like wood, paints, or other chemicals in them.

So don't go on a rant about how "Unfair/Unconsitutional" a HOA is in violating your property rights. Sometimes it's common sense and safety that out rules "Property rights".

Former HOA President
PatrickR3
(Washington)

Posts:2


07/09/2018 12:01 PM  
I've looked at the HOAs CC&R and not only are they vague. Several of the CC&Rs are in violation of privacy laws. IE being able to do a full property inspection without permission. Sorry Police cant enter my property without just cause. I want to build a Pagoda and HOA isnt allowing. Me to do so even though there are several on my street.
JohnC46
(South Carolina)

Posts:7695


07/09/2018 12:27 PM  
Posted By PatrickR3 on 07/09/2018 12:01 PM
I've looked at the HOAs CC&R and not only are they vague. Several of the CC&Rs are in violation of privacy laws. IE being able to do a full property inspection without permission. Sorry Police cant enter my property without just cause. I want to build a Pagoda and HOA isnt allowing. Me to do so even though there are several on my street.




Though there are several on your street are those that have them members of your HOA? if not, then different rules.
JanetB2
(Colorado)

Posts:4151


07/09/2018 3:08 PM  
Posted By PatrickR3 on 07/09/2018 12:01 PM
I've looked at the HOAs CC&R and not only are they vague. Several of the CC&Rs are in violation of privacy laws. IE being able to do a full property inspection without permission. Sorry Police cant enter my property without just cause. I want to build a Pagoda and HOA isnt allowing. Me to do so even though there are several on my street.




Here is a link for your State Statutes for HOA’s
http://app.leg.wa.gov/rcw/default.aspx?cite=64.38

You should have a section in your CCR’s which will potentially be noted as something to the effect “Architectural Control Guidelines”. This section is what usually will state type of construction for buildings, fences, sheds, etc. Did you find any such info in your CCR’s? If not you might want to go to your County Records website and search using your HOA’s name to see if other separate documents have been filed.

LOL ... I have seen plenty of documents which will have items violating the laws. Usually put in by a developer who was doing their own CCR’s instead of an attorney and copied from another HOA who also had incorrect info. What your HOA needs to keep in mind is any sections which violate your State Laws or any Federal Laws become essentially “null and void”.
RichardP13
(California)

Posts:2993


07/09/2018 7:18 PM  
Posted By PatrickR3 on 07/09/2018 12:01 PM
I've looked at the HOAs CC&R and not only are they vague. Several of the CC&Rs are in violation of privacy laws. IE being able to do a full property inspection without permission. Sorry Police cant enter my property without just cause. I want to build a Pagoda and HOA isnt allowing. Me to do so even though there are several on my street.



Get a list of the homes that have the pagodaas and ask the HOA to show you their approvals.
GeorgeS21
(Florida)

Posts:569


07/09/2018 9:08 PM  
Pagoda?
GenoS
(Florida)

Posts:2349


07/09/2018 9:11 PM  
Probably means gazebo. I used to work with a guy who constantly confused the two words. Called his a "gaboda".
GeorgeS21
(Florida)

Posts:569


07/09/2018 9:55 PM  
Hmmm ....

This is another strange thread started by a fellow writing in all caps ...
MelissaP1
(Alabama)

Posts:7611


07/10/2018 5:08 AM  
A Pagoda (If it is one) may be quite out of place in some HOA's. It may not fit into it's aesthetics/theme. Our HOA theme was a New England Fishing village. A Pagoda would stick out. The HOA's purpose is to keep the homes ATTRACTIVE to potential buyers. Hence why most are set up with such consistency and unity. Something like a Pagoda may be turned down if it's just NOT part of the aesthetic. A gazebo may be a better choice.

Former HOA President
GenoS
(Florida)

Posts:2349


07/10/2018 12:41 PM  
Melissa, did you have written guidelines about what constituted "the look" of a New England fishing village? It sounds like a neat concept. I'm just wondering how many times people got turned down for things that weren't fishing-village-y enough.
KerryL1
(California)

Posts:5656


07/10/2018 1:06 PM  
I'm wondering why a NE fishing village in AL?
MelissaP1
(Alabama)

Posts:7611


07/10/2018 5:05 PM  
I know right? The muted colors of a New England Fishing village. We had a set of "approved colors" based on that theme. We could not have "White" trim. It had to be an off-white. So no bright colors. Craziest color we had was a purple. Which when first applied was terrible but it faded to a nice plum. Everything else was blue, greens, and yellows. A pagoda would be way out of place and banned.

Former HOA President
RichardP13
(California)

Posts:2993


07/10/2018 5:49 PM  
Posted By MelissaP1 on 07/10/2018 5:05 PM
I know right? The muted colors of a New England Fishing village. We had a set of "approved colors" based on that theme. We could not have "White" trim. It had to be an off-white. So no bright colors. Craziest color we had was a purple. Which when first applied was terrible but it faded to a nice plum. Everything else was blue, greens, and yellows. A pagoda would be way out of place and banned.



I don't think the OP is a Buddhist and think what they made be referring to is a pergola, not a pagoda, but then I wouldn't think you would be smart enough to see that.
KerryL1
(California)

Posts:5656


07/10/2018 6:00 PM  
Also, Patrick's pergola, pagoda or gazebo sounds like it would be in a rear yard and maybe not even visible from the street?
GlenM4
(Tennessee)

Posts:116


07/11/2018 4:25 AM  
First, Ask the HOA what is required to have a gazebo put up. Maybe you can have one, but what you submitted to them did not meet the requirements. IF they say no to all gazebo, then ask about neighbors.

3rd "IE being able to do a full property inspection without permission." When you bought the house you gave permission by agreeing to the CRs.
JanetB2
(Colorado)

Posts:4151


07/11/2018 11:56 AM  
Posted By RichardP13 on 07/09/2018 7:18 PM
Posted By PatrickR3 on 07/09/2018 12:01 PM
I've looked at the HOAs CC&R and not only are they vague. Several of the CC&Rs are in violation of privacy laws. IE being able to do a full property inspection without permission. Sorry Police cant enter my property without just cause. I want to build a Pagoda and HOA isnt allowing. Me to do so even though there are several on my street.


Get a list of the homes that have the pagodaas and ask the HOA to show you their approvals.


Great advice!!!
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