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CindyJ
(Tennessee)
Posts:2
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| 04/14/2006 11:13 AM |
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| When our neighborhood was built, a large number of the homes were built with garages facing the street. Unfortunately, the quality and aesthetics of the garage doors used by the builders were compromised for cost. The doors are only functional and are cheaply constructed. The doors are now beginning to malfunction and necessitate repair and replacement. Because of our HOA covenants and restrictions our Architectural Committee has been reluctant to allow homeowners to upgrade the quality of the doors for fear of compromising the conformity of the neighborhood. However, a number of nonconforming doors have snuck in over the years. A request has been made to the board and it has been recommended by realtors and housing experts that neighborhood home values would be increased, as well as improved aesthetics by allowing, within parameters, garage door upgrades to the more custom-styled doors which are now available. Our community has an agent from our property management company, who basically serves as the architectural committee. He has discouraged the board to act on any request. The agent for the company is relying on language that states "...approval as to quality of workmanship and design and as to harmony of external design with existing structures, location in relation to surrounding structures.....” I do not think that the language is adequate to disallow the requests especially when considered in light of the fact that nonconforming doors already exist in the community. Case law suggest that the purposes of language to establish such control is to protect the property values of all homes in the neighborhood by ensuring that no owner install a modification that detracts from the marketability of neighboring homes. A professional statement has been provided that home values should be increased as much as $10,000 with the installation of custom styled doors. Does anyone have any information or recommendation as to the responsibility of the board? |
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RogerB
(Colorado)
Posts:3625
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| 04/14/2006 12:08 PM |
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Cindy, the first guideline of any rule is that it be reasonable. IMHO your's are, the Agent's are not. Also, I don't like the idea of having the Architectural committee be one person, much less the managing agent.
The Agent obviously needs guidelines which should be set by Board. They can set standards for replacement of the overhead garage doors for the Architectural committee to follow. Make the guidelines reasonable. Property values may not increase $10,000, but maybe as much or more than the door costs  |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
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BrianB
(California)
Posts:1591
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| 04/14/2006 5:29 PM |
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| I agree with Roger, and doubly agree that the managing company is paid to MANAGE, not make the rules. They are the enforcement branch of your little government, not the legislative. They don't get to make or interpret the rules, just enforce them as given to them. |
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CindyJ
(Tennessee)
Posts:2
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| 04/17/2006 5:35 PM |
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| Thank you both for your responses. As I get more involved, it sounds as if the architectural review commitee of the board prefers the manager to filter the requests and they only get involved if there is an issue. But, I still wonder the board's responsibilty in this situation. While I realize that change necessitates a higher commitment level, to not ever think beyond the current interpretation could really "date" a community and advesly affect property values. Have either of you ever had experience dealing with a board addressing similar issues. If so, what were your recommendaions? |
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LisaS
(Illinois)
Posts:333
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| 04/23/2006 9:17 AM |
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I am Realtor with 10 years experience . I will confirm what you have already been told by a Realtor in your community. The garage door upgrade will make a huge difference in your property values.
'Old style doors', outdated doors, doors in poor repair- all de-value and none are good for the aesthetics. Even though the buildings themselves may be in great condition, the doors will give the property a feeling of disrepair and age them.
I don't know why any management company or Board would be ambivalent about setting a standard for replacement. With so many styles available, it would be easy to find something that will work and provide continuity.
Good luck,
Lisa
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RonH1
(Virginia)
Posts:1
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| 04/24/2006 4:57 AM |
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| I have had similar experiences with standards that are not clear or are based on personal opinion rather than by knowledge or on a technical basis. I would be concerned about safety of any garage door above all and local codes my require renovations that outweigh the HOA guidelines. It seems like it it time the homeowners in your community review the management company performance and make some changes to reflect what the homeowners want and not what a property management company thinks is good for you. I would have to question the motives for rejecting upgrades that improve property values. |
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BarbaraS
(New Mexico)
Posts:46
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| 04/28/2006 4:19 PM |
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| We are small HOA code requires both architectual and color uniformity, with the Association being responsible for the exteriors of the buildings. One of the owners has taken it upon himself to replace his garage door with one of same design but different in color and is adamant about changing. Any ideas on how to handle this? Barbara |
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