CindyJ (Tennessee)
Posts: 2
Posts: 2
Posted:
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?