DeborahL5
(Florida)
Posts:2
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| 08/17/2010 4:40 AM |
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Got a letter from the HOA saying I needed written approval from the ACR for the fountain.Maybe I miss read the bylaws,but I didn't think it fell under exterior improvements. I thought it came under landscaping.It is not permament
structure.Please let me know what you think about this matter.It was now taken to attorney. |
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SureshD
Posts:0
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| 08/17/2010 5:12 AM |
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Well it probably is located (if at all) in the CCRs.
Typically any modification to the LOT is included in such conditions that require approval for exterior changes (some include landscaping too which may be considered separate from a fountain which some designate as HARDSCAPE).
Not sure of the need for an attorney. Unless your ARC guidelines FORBID fountains they cannot disallow them. If they are disallowed then an attorney will not be of much help. You will need to "drum up" support of thr community to change the ARC guidelines. |
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SusanW1
(Michigan)
Posts:5035
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| 08/17/2010 5:35 AM |
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What size foundtain? Are you saying it's one of these smaller self enclosed ones that you re going to pick up and put into the garage after season, or are there water pipes, bricks, etc. that need to be installed?
Your HOA board should have given you reason for the needed permit.
Something is missing here.
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DonnaS
(Tennessee)
Posts:5671
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| 08/17/2010 5:36 AM |
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Deborah,
Unless your architectural guidelines and your restrictive covenants specifically forbid any structure, fountain or yard ornaments, then your fountain is not illegal. Refer to Statutes 720:3035-(2) which states that specific guidelines are to show what is allowed and what is not allowed. If not stated, then they cannot ban the fountain. You must read the guidelines and CC&R's to see these items.
Also, many HOA have not given copy of those guidelines to it's residents and that is why there is always a battle over these allowences |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/17/2010 5:55 AM |
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It was now taken to attorney.
Cant you just apply with the HOA for permission to install the fountain and make them happy? Or are you way past that point now.
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MaryA1
Posts:0
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| 08/17/2010 9:31 AM |
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Deborah,
Seems to me you should have gotten some advice before this was sent to the attorney for resolution. Before you go against what the BOD says you should always know exactly what the rules and state laws, if applicable, are in support your position. Once an attorney is involved the costs really escalate, your costs, that is. Perhaps you can settle this before it goes any further and perhaps becomes a financial burden for you. Good luck! |
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DanielH1
(California)
Posts:481
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| 08/17/2010 10:02 AM |
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| It seems like a waste of money to sue over something like this. |
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DonnaS
(Tennessee)
Posts:5671
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| 08/17/2010 11:00 AM |
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Daniel,
Human nature never wants to be told what to do and would rather spend money on a lawyer than just to do the right thing. If this fountain was not submitted for approval, knowing that there are guidelines which prohibit the thing, that is one issue. Putting up a fountain, NOT knowing that there are restrictions, then that was ignorance of the governing documents and the violator should just either take it down and put it in her back yard and forget about looking for a lawyer. Or appeal to the ARC committee to have it remain. Digging in her heels and fighting this is way beyond reasonable. For Gods sake, it's just a fountain. I'll bet that there are far more important items in this HOA to be dealt with than having a fountain in the front yard. |
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DeborahL5
(Florida)
Posts:2
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| 08/17/2010 11:05 AM |
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Posted By DeborahL5 on 08/17/2010 4:40 AM
Got a letter from the HOA saying I needed written approval from the ACR for the fountain.Maybe I miss read the bylaws,but I didn't think it fell under exterior improvements. I thought it came under landscaping.It is not permament
structure.Please let me know what you think about this matter.It was now taken to attorney.
I was told by the city no permit was needed. It is not a permanent fountain,there is 4rows of deco pavers stacked on top.has a rubber liner that we fill with water from a hose and plugs into an outlet for the water pump. |
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DonnaS
(Tennessee)
Posts:5671
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| 08/17/2010 11:11 AM |
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Deborah,
If you are in a HOA, the City has absolutely nothing to say about any restrictions that your ARC or covenants may have written. Unless this would be something that needed a building permit from the City, there is nothing involving your city. This is between you and your ARC committee and they are telling you that you cannot have one.
Did they tell you why the fountain is not allowed? All denials for installation of anything should have a reason why the application was denied. Did you not apply for approval prior to installing it? |
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SusanW1
(Michigan)
Posts:5035
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| 08/17/2010 12:35 PM |
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4 rows of deco bricks with a liner is of substantial size.
WHERE did you put this that caused such an uproar? By the Front door?
You have not given us enough info.
The board has come down on you hard and there must be a reason why.
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SureshD
Posts:0
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| 08/17/2010 5:07 PM |
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The question posed by the OP is regarding the need for ACR permission for an eterior addition.
This is not unusual for a deed restricted parcel.
She then said the city has no requirement for a Permit.
Two very different things (ACR - Permit).
She has not been clear on the involvement of an attorney.
She has not expressed that she is NOT allowed to have a fountain ONLY that prior permission is required.
She has been told about Fla. Statutes and how they can affect her rights.
I don't think this could be characterized an uproar.
Just someone learning about HOA living the less-than-easier way.
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MaryA1
Posts:0
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| 08/18/2010 7:14 AM |
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| This is what happens far too often in HOAs. Instead of asking if prior approval is required, the member will do something because they "thought" such and such. In this case the OP thought it came under landscaping. Apparently she has been fighting the BODs decision, without even knowing whether she is right or wrong, and that is why an attorney is now involved. Now, at this late date, she has come to us for advice. IMO, not too smart!! |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/18/2010 12:59 PM |
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Deborah,
Just fill out an application for the ARC committee to review in request of the fountain. Tell them you were not aware you needed one for the fountain and your sorry. You want to make things right.
Just make them happy, otherwise they will make it their goal in life to force you to remove the fountain. Life is too short to fight about this. |
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JamesC
(Maryland)
Posts:282
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| 08/18/2010 7:43 PM |
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MaryA1 is absolutely correct. This person did not say how many homes were in her community. Say there are a couple hundred, and a couple hundred decided to do a couple hundred different things without getting permission. That is what being a member of an HOA is all about. You have rules, and if anyone is unable to follow the rules/regulations then they should not move into a private community. All HOA's have restrictions on what one can or cannot do with their exterior property.
This is her first post, did she just move into the community, and had no experience with HOA's?
Jim |
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