combining two homes to make one

Started by ShirleyC • 6 replies • 2082 views

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ShirleyC (California)
Posts: 117

Posted:

We have a homeowner who has combined two residences. He is in the process of trying to get permits after the fact and has applied to rezone two units into one parcel.

Our bylaws are very specific about the board adhering to the declaration which is also very specific about uniform and overall harmony of external design.

Does anyone have any knowledge of this type of change?

ShirleyC (California)
Posts: 117

Posted:

Okay, I'm not getting any replys so I will add a little more information.

We are a PUD so units are not attached. The owner that combined two residences is on the board.

We intend to recall the current board and elect a new board within the next 10 days because of this and some other items.

The county planning commission is going to probaby deny his permit for work already done which means he will have to change it back to it's original state, and also the new board is going to require him to change the structure since this was done without board approval in writing and also changes the overall harmony of design of the complex.

The main question is this: the county will let him change this from two parcels to one unless our bylaws specifically say he cannot. Our bylaws don't mention anything about rezoning. I am assuming no one thought to put this in bylaws because who would have ever thought this could happen?

We are concerned about property values and if this owner dies these units would be hard to sell as one unit.

CharlesW1 (Georgia)
Posts: 826

Posted:

ShirleyC
I wish I could be of some help to you. I’m new to this discussion board. I haven’t reached your post yet. I'm reading all previously posts and responses. I expecting to better educate myself of all HOA situations.
I would assume because he is on the board he feels he isn’t breaking any of the CC&R’s. What has the other board members said about this? Is he or isn’t he in violation?
One person’s decision doesn’t make up the entire board. The board is supposed to base all decisions upon what is in the best interest of the entire community.
I understand that this is a very difficult to prevent, but you need others to help you. There is “power in numbers” I would consider getting the other resident of your community involved. They (the BOD) couldn’t possible ignore all of you! Not unless they want some serious problems to deal with.

I would have thought you would have gotten some advice about your situation by now.
Best of luck
Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Shirley, I presume your association has an Architectural Control Committee. Any exterior modification of a unit would require their approval. Combining 2 detached units (houses?) into one should most certainly be denighed. And combining two parcels (lots?) into one can not be done without amending the Declaration since the plat would need to be changed. Such an amendment would never be approved by owners when they realize this would reduce the HOA assessment income by one lot. Is his motivation to cut his assessment from 2 lots to 1 lot? The HOA should have promptly denighed his request before any work was done and before it went to the planning commission.

CharlesW1 (Georgia)
Posts: 826

Posted:

Roger-
Good advice. I hadn’t have thought of that at all. I bet the rest of the BOD hadn’t either. So basically the whole community will suffer financially if this takes place?

You are now aware of it. It would be your obligation to prevent this from happening!

Chuck W.

Charles E. Wafer Jr.

ShirleyC (California)
Posts: 117

Posted:

Thanks for the response.

We do not have an architecural committee, or any committee for that matter. This is another reason we are recalling the board. They make all decision we (owners)get to vote on nothing.

The homeowner referred to earlier is on the board along with two others who also think they own the complex. We have several new owners who believe that basicly our CC&R's have been abandoned. We have eight of fourteen votes, and still working on two other owners.

JulieS (Georgia)
Posts: 412

Posted:

We do not have any volunteers for an ACC therefore, the board of directors acts as the ACC. Just because there is no designated 'committee' does not mean there is not an ACC, it just is not separate from the BOD.

Should the BOD be acting as the ACC, this person may have submitted a request and it may have been approved, just not public knowledge as these things are usually published.

I would suggest researching the issue of the covenants and plat to see if the two lots may be combined. You may want to seek legal council on this also.

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